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    how would you answer the following questions?

    3) What does ‘non-justiciability’ mean and what is the rationale for it? Consider what areas of public policy and administration should be non-justiciable (e.g. prison sentences, national security, NHS resources) and be prepared to discuss why.

    4) What were the facts and what was the conclusion of the Supreme Court in the following judgment under the Human Rights Act 1998: R (Tigere) v. Secretary of State for Business, innovation and Skills [2015] UKSC 57. See especially the judgment of Lady Hale at paras. 33-49 Note: You do not need to read the full judgment, please read the summary, and you may find it useful to read the excerpt above from Lady Hale’s judgment. Note that para. 33 of Lady Hale’s judgment does not use the word proportionality, but it sets out the proportionality test. We will consider this case in another seminar (Seminar Eight), but note how proportionality under the Human Rights Act 1998 can impact the role of the courts in deciding on the legality of decisions of the executive about allocating resources if a decision about funding affects a human right under the ECHR.

    5) The organisation titled Joggers For All Seasons (JFAS), set up five years ago in the South of England as a support group for the rights of joggers to pursue their sport throughout the year, is dismayed when Greater Uxbridge Council bans jogging on the weekends through any local parks and along the paved banks of the local river. The justification given by the Council is, first, to protect other users of these facilities from the aggressive pursuit of the sport of jogging and, second, to protect the local fauna and flora. Five weeks after hearing of the Council ban, John and Mary, respectively treasurer and secretary of JFAS and both joggers for many years, write to the Council threatening to bring legal action unless the Council at least reconsiders its decision. The Council replies pointing out that its action has been taken pursuant to health and safety legislation and to environmental protection legislation and that John and Mary thus have no valid cause of action. Advise John and Mary of their legal rights, if any. You should focus on procedural aspects, especially standing.
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    We are not going to do your work for you.

    Seminars about researching the law, forming your own opinions, and presenting them to the group, and participating in the subsequent discussion. It is not repeating what people off the Internet told you might be the answer.
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    (Original post by Notorious_B.I.G.)
    We are not going to do your work for you.

    Seminars about researching the law, forming your own opinions, and presenting them to the group, and participating in the subsequent discussion. It is not repeating what people off the Internet told you might be the answer.
    I DIDNT ASK YOU TO DO MY WORK. I've done 4 questions im on the last one just wanted other peoples opinions.
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    (Original post by asr7)
    I DIDNT ASK YOU TO DO MY WORK. I've done 4 questions im on the last one just wanted other peoples opinions.
    You gave us verbatim the question, with no annotation or expression of your own opinion. If we were to respond to it, we would be answering directly the question set by your seminarist to you. Do some research, give us your opinion, and we can help you develop it. That's what we do; we don't do your work for you.
 
 
 
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Updated: February 4, 2018

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