In assessing the impact of the Supreme Court judgment in Meadows v. Minister for Justice, Equality and Law Reform1 it is firstly important to note the nature of the case. This administrative law case was relating to judicial review on the grounds of reasonableness of a decision relating to a refugee’s case. In my essay I will attempt to give a background to the case law before this judgement in contrast to the law today I order to demonstrate the judgement’s impact in current law. Judicial review2 is the procedure whereby the judiciary supervise the decision making of administrative bodies to ensure fairness.
I will firstly set out the background of the case law before the Meadows judgment. Judicial review within administrative law usually relates to the procedural fairness elating to a decision, the reasons for the decision are not taken into consideration. The test for unreasonableness, which is considered in the Meadows judgement, can be traced back to an early case, Associated Provincial Picture Houses Ltd. v Wednesbury Corporation3. This was an English case whereby the court set out principles where a judgement would be liable to be quashed by judicial review in cases of unreasonableness. The case was relating to an authority entitled to granting licences for cinemas. A condition for the licence was that children under the age of 15 would have to be accompanied on a Sunday. Lord Green stated that a decsion is liable for judicial review if , “It is true to say that, if a decision on a competent matter is so unreasonable that no reasonable authority could ever have come to it, then the courts can interfere.” This sets out an extremely high threshold which would be quite hard to meet. This case was later referred to ...
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... not infringed while trying to achieve a certain objective. The law relating to the Meadows judgement is continuously evolving in related cases to it so it would be difficult to predict the outcome of future cases. A proportionality test should be welcomed in Irish law as it ensures fundamental rights are more carefully considered and there is a lesser chance of injustice. The above assessment of the case law pre-Meadows and post-Meadows suggests that the law has changed significantly since this judgement however the judgements are somehwat conflicting in the application of the principles making the case law ambiguous and difficult to pre-determine.
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20Catherine Donnelly and Hillary Delaney, ‘The Irish Supreme Court Inches Toward Proportionality’
(2011) 9 Public Law 13
The milestone judicial decision in Cole v Whitfield pronounced a pivotal moment in Australian jurisprudence in relation to the interpretation of s92 of the Australian constitution. This essay will critically analyse the constitutional interpretation approach utilised in Cole v Whitfield. This method will be compared with the interpretational methods exemplified in Commonwealth v Australian Capital Territory. Although within these two cases there appears to be a preference towards a particular interpretational method, each mode has both strengths and weaknesses. Accordingly, the merit of each should be employed in conjunction with one another, where the court deems fit, complementing each other. This may provide a holistic approach to interpreting the constitution.
This case came to be yet another symbol of the agitation between the two halves of the nation. The mere impact of the case of one man’s legal fight to obtain his freedom was felt everywhere. Dred Sco...
The Canadian justice system, although much evolved, is having difficulty eliminating bias from the legal system. Abdurahman Ibrahim Hassan, a 39 year old man, died on June 11 in a Peterborough hospital, while under immigration detention. He came to Canada in 1993 as a refugee and was suffering from mental, and physical health issues such as diabetes and bipolar disorder. There was an overwhelming amount of secrecy surrounding the death of this troubled Toronto man, and to this day no light has been shed on this tragedy. (Keung, 2015) An analysis of the official version of the law will reveal how race class and gender coincide with the bias within the legal system.
Rice, S (2011) ‘Reflections on reforming discrimination laws in Australia’, Human Rights law Centre, viewed 4 October 2011, .
Refusing to make the declaration, the House of Lords upheld that the 1949 Act has been sanctioned validly using the 1911 Act, and that the Hunting Act had been approved using the modified process. It was affirmed...
The term government policy is any cause of action implemented by the government to change a certain situation and to tackle a wide range of issues in all areaslikefinance,education,statewelfare,immigrationlaw(https://www.nidirect.gov.uk/articles/government-policy).For the purpose of this essay, I will be talking more about government policies in relation to refugees and asylum seekers and its implication for social work.
B. (2010). Immigration and Nationality Law Cases and Materials (4th ed.). Durham, NC: Carolina Academic Press.
The objective of this essay is to appraise at the HRA 1998, in terms of its enactment, application, practicability, and commitment to its principles. Furthermore, one will critically analyse the importance of the aforementioned act from a social worker’s perspective. One believes that the social workers must be familiar with the British law system and The Human Rights Act of 1998 and its capability of upholding and safeguarding the human rights. Furthermore, the social workers must know how to apply the aforementioned act as a tool for the betterment of their practice and the service users whom they represent.
The judicial statement of Roskill LJ observed in The Albazero [1977] AC774 held plenty of arguments in modern world today. To reach an extent of agree or disagree the judicial statement, it should be critically analysed from a legal perspective:
Migration has been a major part of human living and also animals, people migrate for various reasons such as seeking better lives, family, job opportunity, availability of social amenities etc. immigration policies were put in place to monitor and decide who immigrate to a country and these policies have been present since 1906, and these polices have had different reasons for their enactment and these reasons change as time and era changes (Baglay, 2014). The early policies were racially based restriction, economic growth, multiculturalism, restriction on refugee and economic immigration (Baglay, 2014). The Communitarian approach used by Michael Walzer to explain immigration policy is similar to Canadian immigration policy. This paper seeks to discuss and analyze the articles by Joseph Carens and Michael Walzer, explaining the different perspectives of explaining immigration policies. The paper would summarize and contrast the author’s main arguments. It would take a stand on which argument is more persuasive in explaining immigration policy and give reason for this position. It would also use other articles to support or refute each argument made by Joseph Carens and Michael Walzer. Lastly this paper would explain and come to a conclusion of if any of these arguments apply to Canadian immigration policy and give examples of these similarities. Carens and Walzer had very different view on immigration and open border, Carens used the Liberal perspective of explaining open border.
When a court is dealing with proceedings relating to a child, section 1 of the Children Act 1989 (CA 1989) governs that the court’s paramount consideration shall lie with the child’s welfare. The term paramount was explained by Lord Macdermott in J v C which means ‘that the child’s welfare is to be treated as the top item in a list of items relevant to the matter of question’. His Lordship went on to explain that when all the relevant facts and circumstances are taken into account and weighed, the outcome chosen by the court is based on the interests of the relevant child. Therefore any other party’s interest is only considered as far as it contributes to promote the child’s best interest.
All of the major terms in this definition are legal terms, which had been studied based on law by various courts and by the UNHCR. Lister does not argue the well-established meanings of these terms, but he argues the terms can be read in a broad way. By this, we can understand much of the traditional jurisprudence, which is important to ensure refugees get the protection they
The House of Lords decision in the Daly underpinned one of Lord Bingham’s eight sub rules which refers to the law providing adequate protection for fundamental human rights. It was held the instruction issued by the Secretary of State violated prisoners right to a legal adviser under the seal of legal professional privilege. By holding the Secretary of State had no right to issue such an instruction, the House of Lords gave due regard to the Lord Bingham’s rule of law. A similar notion was present, in Wheeler where it said the club had a basic “constitutional right … to freedom of the person and freedom of speech” which had been interfered with by the council’s decision to ban use of the
... judiciary will then be able to apply the rules as parliament intended them to be applied. The sovereignty of parliament disbars the judiciary from reforming or creating law. However, the lack of parliamentary time for debate and areas of law where there is uncertainty about what was intended does provide the judiciary with the opportunity to change, develop and amend the law in the UK through the process of statutory interpretation. In addition to this judge's can refer cases to the European Court of Justice in order to have an influence on law reform in the UK.
The case of R v Hughes will be used throughout this essay to supplement ...