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Essay / Research Paper Abstract
This 4 page paper looks at a fictitious law introduced to allow local authorities to control the games children play at school. The paper considers the way regulations brought in by the local authority under this law may be challenged under UK law. The bibliography cites 10 sources.
Page Count:
4 pages (~225 words per page)
File: TS14_TEschreg.rtf
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Unformatted sample text from the term paper:
that represent unreasonable risk, or to require specific regulation to be adopted to create a safer environment when playing these games. Question 1 SA child has been slightly hurt
playing conkers and a regulation has been passed saying children must wear goggles, a safety helmet and gloves must be worn. If we look at the regulation that has been
passed in order to find a way that this can be challenged we need to find grounds for the challenge. It should also be noted that in theory almost any
decision that is made by a judicial body, a public body or a quasi public bodies will be susceptible to review (Bradley, 1998). In a judicial review there is the
ability for the court to consider the underling rules and regulations, along with their legality. Council of Civil Service Unions v Minister for
the Civil Service [1985] AC 374 outlines the grounds that could lead to a successful request for a judicial review. The three broad categories were illegality, irrationality and procedural irregularity
(Thompson, 2002, Madgewick, 1998). Lord Diplocks classification of illegality is the category that contains the most basic of judicial review doctrines, that of
ulta vires. This means beyond (ultra) power (vires). This is an idea very basic to administrative law. Any public body will be given power to deal with their remits (Ivamy,
2000). This power has limits, if they breach these boundaries they are then seen to be acting illegally. The key here may be
the term unreasonable risk. We have a child that has been slightly hurt, and as such the measures adopted by be going beyond the power granted by the law. However
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