By Longley & James, Diane Longley, Rhonda James
This publication seems at administrative legislation from a socio-legal viewpoint opposed to a history of constitutional rules. It scrutinises the present associations within the mild of constitutional beliefs and highlights the discrepancies among underlying goals and truth. It considers, within the wide feel, how criminal suggestions are utilized in the improvement and implementation of presidency coverage and to what quantity this enables for the enhancement of democratic participation and legitimacy of choice making.
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Extra resources for Administrative Justice : Central Issues in UK and European Administrative Law
The four plaintiffs had all consequently been administratively discharged. They sought judicial review contending that this was a breach of the ECHR and EC principles on equal treatment and that the policy was irrational in the light of changing public attitudes and moral standards. They also argued that the threshold of the reasonableness test should be lowered where there was a human rights dimension. The Court of Appeal confirmed that the more substantial the interference with human rights, the more the courts could require by way of justification before it was satisfied that the decision was reasonable.
His initial argument was straightforward. The rights embodied in the ECHR, including the right to life, could be ‘vindicated as sharing with other principles the substance of English common law’, which allowed the ECHR to be deployed by judges ‘not as a statutory text but as persuasive legal authority to resolve outstanding uncertainties in common law’. Here, he relied on dicta of Lord Bridge in Ex p Bugdaycay and Ex p Brind38 which he said ‘pointed the way to a developing feature of domestic jurisprudence relating to fundamental rights which should be regarded as having a secure home in the common law’.
After consideration of Department of Health guidelines on the funding of unproven treatment and examination of correspondence from the various experts concerned, Cambridge Health Authority wrote to B’s father stating that it was unlikely that they would authorise further intensive chemotherapy, but would keep under review any clinical advice they might receive. At this stage, B’s father consulted a private practitioner, who expressed the view that there was a 10–20% chance of complete remission if she were given a further course of chemotherapy and a similar chance of success if the bone marrow transplant stage were reached.