In this essay, I am going to analyse R(Bourgass) v Secretary of State for Justice, an administrative case based on the exercise of ministerial powers by public bodies. The two issues raised in this case were (i) whether the decisions to segregate the prisoners for substantial periods were lawfully authorised and (ii) whether the procedure on segregation was considered fair under the common law. The decision for segregation were made under the Prison Act 1952, Rule 45 of the Prison Rules 1999 and PSO 1700. Rule 45(1) allows the prison governor to arrange the prisoner to be removed from association; rule 45(2) provides that the prisoner shall not be segregated under the rule for more than 72 hours “without the authority of the Secretary of State” and that authority “shall be for a period not exceeding 14 days.” This case also involves human rights, procedural fairness, ultra vires principle and the judicial review process in the United Kingdom.
Facts and Decisions In this case, Bourgass has been held in segregation for more than 72 hours ordered by a prison officer and longer than 14 days that the Secretary of State may authorise. His representative initiated judicial review proceedings. They were dismissed by the High Court. The Court of Appeal dismissed the appeals, whereas the Supreme Court allowed the appeals.
Reasons for the decision: On this first issue, it was clear from Rule 45(2) that the segregation for a period exceeding 72 hours was not authorised by the
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RULE: The court concluded that the segregation of African American school children “generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone.”
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Even though employment rates are still down therefore the state can still hire qualified candidates. Keeping qualified candidates promotes the wellbeing of our state and citizens because Georgia experiences some of the highest turnover and employee are leaving to go to the private sector for better money.
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Also commonly referred to as The Steel Seizure Case, it was a United States Supreme Court decision that limited the power of the President of the United States to seize private property in the absence of either specifically enumerated authority under Article Two of the US Constitution or statutory authority conferred on him by Congress. The Majority decision was that the President had no power to act except in those cases expressly or implicitly authorized by the Constitution or an act of Congress.
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