Public Law Assignment Example | Topics and Well Written Essays - 1000 words

Public Law - designation ExampleHowever, this must be done with due regard to the fundamental human rights. Therefore, an Act enacted to abide a regulatory framework must entail forward thinking approaches that incorporate holistic mechanism to safeguard infringement of individual entitlements enshrined in the bill of rights and championed by the international law. Case 1 Understandably, the simulated Airport shelter Act 2009 apparently gives the UK minister of warrantor a free hand in devising and imposing bans on persons deemed to be security threats within the vicinity of the UK airports. As a government issue of first principle, the legality of the Security Act 2009 should be operationalized within the guiding framework of the public laws as well as approved international laws. Due to a Ministerial policy of an always fabrication of restrictive orders on persons considered threats to the Airport safety, Roger found himself dismissed unfit to serve as a security personnel in the Airports on grounds of assault allegations on Alexa, his former girlfriend. According to the law, circumspectionary powers must be exercised within reasonable limits. Article 7 of the International Covenant on Civil and policy-making Rights (ICCPR) prohibits inhuman treatment or punishment. Further, article 3(2) of the same Acts put limitations on imposed restriction orders by requiring precise and clear definition in situations where curtailment of rights are involved. The ministers directive is no doubt a preservative measure to safeguard Human security, which requires absence of violent conflicts.1 However, minister discretion baring Roger from access to all airports amounts to untenable use of powers. In Secretary of State for Education v Tameside M.B.C. case involving the use of discretionary powers, the Secretary of State power to reject applications authorizing the running of grammar school outline was under review. Accordingly, the court found the Secretary of St ate for Education discretion to reject the organisation unreasonable stating that the grammar school system had a proven track record and was therefore a reasonable system of education.2 The basis of the directive in Roger case cannot be ascertained with finality as there is no evidence of criminal record to warrant a label of security threat to all airports. Thus, Roger has legal standing to seek redress in a court of law provided his testimony satisfy the victim test stipulated under Article 34 of the Human Rights Act of 1998. According to Section 4 of the Security Act 2009, the Minister of Security has power to issue a restriction order in fortune he thinks fit. This process regardless of whether the such decisions are right or correct decision, falls farther short of the procedural legal basis in reaching a conclusive decision as set forth under the law. The Act is in contravention of the constitutional right of access to the courts at common law,3 which also involves the ri ght to be heard and unimpeded access to a legal talented to offer legal advice and assistance.4 Case 2 One of the fundamental principles of the Geneva Convention Asylum agreements provides for replacing protection to those failed by their home countries.5 Filling the void of a factual breach of bond surrounded by the citizen and the motherland, the law affords protection to the