Administrative Law - Judicial Review

This is a 2000 word RBI on Article 92 (Failure to obey order or regulation) and Article 86 (Absence without leave)

With the young nation of America entered into the 19th century, there were still major issues when it came to the balance of powers of the different government branches. The status of judicial review in the Supreme Court was never pressed upon or given any real structure to. The power of judicial review had appeared many times in history before the set up of the Supreme Court as, in England, Chief Justice of the Common Pleas Sir Edward Coke made the originated the idea . During the ruling of the case of Dr. Bonham’s Case, Coke found that the London College of Physicians had no right to levy fines against anyone who violated their rules. He would later go on to state that, “no person should be a judge in his own case” (Fletcher 12). The act was revolutionary at the time as it set the notion of that an official body of government was needed to give fair governess to the people. The idea would pop up once in a while in events such as the Constitutional Convention where records that were kept by the textbook University of Chicago Law Review saw that “13 out of the 15 delegates made statements that were in support of the idea of judicial review” (Prakash 123). The interesting part about the quote is that it states that the idea of judicial review was in place in America many years before the actually case of Marbury v. Madison. Even in the Federalist Papers No. 78 which was published in May 28, 1788, by Alexander Hamilton, went into lengthy discussion about judicial review. In

The Project Blue Sky case concerned the question of whether a program standard known as the Australian Content Standard made by the Australian Broadcasting Commission was invalid. The invalidity alleged was that the Australian Broadcasting Commission gave preference to Australian television programmes contrary to Australia's obligations under certain trade agreements.

Non-statutory protections to help the ACL in achieving its objectives can be just as effective as statutory protections. One protection is the media. The media is a very powerful tool and can wreak havoc on the profitability of a business. To stay out of the harsh spotlight that is the media, businesses tend to ‘straighten out’ really quickly if found to be in breach of a section of the ACL. This helps to protect consumers to the degree that it makes businesses comply with the law quickly but it doesn’t stop them from doing it to stat with until they get caught.

The National Association of Radio and Television Broadcasters (formerly known as the National Association of Broadcasters) is a trade association of the radio and television industry, organized in 1923. The NARTB provides industry services relating to labor, public and government relations, engineering, research and legal developments. On May 1, 1955, membership included 1,234 AM (amplitude modulation) stations, 327 FM (frequency modulation) stations and 3 national radio networks, Columbia Broadcasting System, Mutual Broadcasting System, and National Broadcasting Co., Inc. On the television side, the National Association of Radio and Television Broadcasters had 267 television stations as members and all 4 national television networks, American Broadcasting Co., Columbia Broadcasting System, DuMont Television Network and the National Broadcasting Co., Inc. . . .

They appealed on penalty, The hearing officer made fundamental errors in both principals and law. She considered disciplinary matters for 1999 and 2000 which clearly postdated 1997 offence, when making the decision of the 12 day suspension she clearly had antecedents in her mind. Clearly they where not antecedents and should not have been considered. After getting a new hearing they decided that

Stage six is when the order is carried out unless the defendant wishes to appeal the judgment. If so this is the last stage in the civil case process. “An appeal is a review of the trial court’s application of the law” (Findlaw, 2009, p 3). The court takes into consideration all of the facts and comes up with a conclusion.

The case was then taken to the Supreme Court of New South Wales under s 119 of the Administrative Decisions Tribunal Act 1997 (NSW) , where the Court decided in Norrie’s favour. It was stated that,

The “Queensland coast islands declaratory act, 1985” is declared invalid however due to the Racial Discrimination Act which means that no one can make laws that impacts only on a specific group or ethnicity. This then allows the Mabo case to continue and again be pursued in the court of law.

The appellant, Sparrow was caught fishing with a drift net longer than the acceptable length under the Fisheries Act. Sparrow is a member is of the Musqueam group and has certain rules to follow under this. The appellant has admitted to the act, but has claimed there is an existing aboriginal right to fish. This issue falls under Section 35(1) of the Constitution act of 1982, and Sparrow has claimed the Act is inconsistent as he is just exerting his rights as an aboriginal. The respondent in the Supreme Court has argued that section 35(1) only protects this aboriginal right in food-related cases. The case has been brought to the Supreme Court, as previous appeals have been unsuccessful.

(b) R v Secretary of State for Transport, ex p Factortame Ltd (No.1) [1990] AC 85 and (No.2) [1991] 1 AC 603

first look at the validity of the court and of the entity of authority itself.

To ensure these meeting was held properly, the King required the petitions to be completed and screened by a special commission. The special commission reviewed all petitions that were presented for certain factual inquiries and determined whether there was a "right"; if he concluded that there was he endorsed the petition that right be done. Those petitions which rested on a claim of right were tried as to the facts by a commission or a department and, if necessary, finally sent to the Exchequer, the Chancery, or the King 's Bench for ultimate disposition under the law. (suits taffe).

The fact remains that they have a persuasive value and command respect. The Rio declaration is the product of hectic discussion out of the leaders of the nation of the world and it was after negotiations between the develop and the developing countries that an almost consensus declaration had been sorted out. Environment is an international problem having no frontiers creating trans- boundary effects. In this field every nation has to cooperate and contribute and for this reason the Rio declaration would serve as a great binding force and to create discipline among the nations while dealing with environment problems.

Sources close to the electronic media named a good number of organisations that applied for permission. These are Media One, Liberty Television, Dhaka TeleFilm, Telebangla, Bishal Multimedia, KTV, Bengal News, Janata Televsion, Daffodil Multimedia, Bishal Music, Bijoy Broadcasting Univision, Bangla Television, Maxel Multimedia, Development Media TV Channel, SAS World, TV Bangla, Bangladesh Channel USA, Nationwide Communication, Bangla TV London, Probashi Television Network, National Television, Baishakhi Television, Sonali Television, Gazi Satellite Network and Movie Tone Media Communication.