“How has the law regarding the common law right to reasons for decision differed between Australia and the UK in light of Osmond? Have things changed in light of more recent developments? To what extent should the principles of common law judicial review regarding the right to reasons for decision adapt themselves to the principles of accountability?” Public Service Board v Osmond A general rule requiring reasons for decisions has been
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11 Substantive Ultra Vires 11.1 The Nature of Substantive Powers Chapter 7 dealt with the nature and characteristics of administrative powers while Part 1 described the various administrative agencies which use those powers. Whereas the statutory procedures described in Chapter 9 and the rules of natural justice described in Chapter 10 determine the steps to be taken in pursuing the exercise of administrative powers‚ the present chapter is concerned with the rules of administrative law as
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[Name]: Yong Yee Luenn [Student ID]: TP 022725 [Intake number]: UC2F1210AF [FI] [Module code]: BM054-3.5-3-CL [Subject code]: Company Law [Lecture’s name]: Nadiah Suki [Assignment title]: Individual assignment [Submit date]: 15th January 2014 Table of Content Title Page Case Reference 3 Question 1 4-6 Question 2 7-8 Question 3 9-10 Reference 11 Case Reference 1) Salomon v. Salomon & Co. Ltd 2) Symington v. Symington’s Quarries Ltd 3) Daimler Co Ltd
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Delegated Legislation is law made by a body other than Parliament. Parliament gives others the power to pass delegated legislation in a parent or enabling act. Act of Parliament (Statutes) - Primary Legislation Delegated Legislation (i.e. statutory Instruments) - Secondary Legislation The Town Hall in Rugby - local borough councillors can create secondary legislation in the form of bylaws Why is Delegated Legislation Needed? Lack of Parliamentary time Allow detail to be added
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A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up‚ i.e. constitute‚ what the entity is. When these principles are written down into a single document or set of legal documents‚ those documents may be said to embody a written constitution; if they are written down in a single comprehensive document‚ it is said to embody a codified constitution. Constitutions concern different levels
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construction of the railway‚ as being ultra-vires the company and Mr. Riche sued the company for damages for breach of contract. ------------------------------------------------- Issues The issues brought before the Court are stated as follows:- (1) Whether the corporation can enter into a transaction beyond its powers which are conferred by its charter or not? (2) Whether the contract entered into by the Ashbury Railway Carriage and Iron Co Ltd is ultra vires or not? (3) Whether the Ashbury
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Definition of Subsidiary legislation in section 2 of the Interpretation Act 1948 and 1967 to mean‚ any proclamation rule‚ regulation‚ order‚ notification‚ by-law or other instrument made under any Ordinance‚ Enactment or other lawful authority and having legislative effect. This category of law has become important as the business of government to gets more complicated. Subsidiary Legislations are made by the people or bodies who are authorized by the legislatures. The Interpretation Act 1967
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INTRODUCTION Delegated legislation refers to the rules and regulations‚ which are passed by some person or body under some enabling parent legislation. The Interpretation Act 1967 defines it as ‘any proclamation‚ rule‚ regulation‚ order‚ by-law or other instrument made under any Act‚ Enactment‚ Ordinance‚ or other lawful authority and having legislative effect’. BODY The Parliament and State Legislative Assemblies conferred legislative powers from the Federal Constitution. However‚ only small
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Administrative Law Assignment MGMT520 05/18/2013 Agency The U.S. Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) This regulation interests me because I am an advocate for animal rights and against pet store animal cruelty. It will affect thousands of animals sold at retail pet stores and the consumers who will purchase these animals. Retail pet stores will be held to stricter regulations when trying to sell animals‚ therefore there will be a slight price
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any powers have been abused. Judicial review is an application to the Courts to assess an action or decision made by a public body on a point of public law. A particular decision may be found to be in breach of natural justice or have been made ultra vires‚ that is‚ beyond the scope of the powers. The case of O’Reilly v Mackman shows the general rule that when claiming against a public body‚ judicial review should be used. Lord Diplock described this as an ‘exclusivity principle’. The use of this
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