PUBLIC LAW Essay Example | Topics and Well Written Essays - 2250 words - 1

PUBLIC LAW - Essay Example udicial review, is where the law is contravened at some point by an administrative body in its actions or inactions, as was defined in White and Collins v Minister of Health.1 In this case, procedural ultra-vires is evident. This is whereby an administrative body fails to follow the right procedure in its actions or inactions (Fitzroy 2014, 1). As much as Catford district council is vested with the power to issue licenses, procedure as per the relevant statute law requires it to conduct consultations where necessary. Bearing in mind that the shop operates within a residential flat, it was necessary for the council to consult the adjacent household dwellers regarding the same before issuing the license. As a renter of a dwelling premise, Alya has a right to peaceful and quiet enjoyment of his property. Therefore, she has every right to protest due to the nuisance emanating from the shop during Sunday. Had the council consulted her prior to the issuance of the license, things might hav e turned differently, as some conditions could have been attached to the operating license. It was therefore illegal for the council to issue the license without conducting necessary consultations as the relevant authority suggests. Unreasonableness: The principle of reasonability is to the effect that an administrative body should be rational in acting or making its decisions. Unreasonableness is seen when an administrative body acts or makes a decision in a manner so absurd or outrageous, that a reasonable person acting in the same capacity and under the same circumstances would to do or make, as was defined in Associated Provincial Picture Houses Ltd v Wednesburry Corporation.2 In this case, the reason given for the council’s failure to conduct consultations, something which is done by all other local authorities, is so unreasonable that one would not expect such an authority to fail to act on that basis (Harel and Kahara 2010). Time and money saving is not reasonable enough to