• April 13th, 2016

Public Law II

Paper, Order, or Assignment Requirements

Word Limit 3,000 words. Essays which exceed the word limit will be penalised in accordance with the School of Law policy on Coursework Word Limits.
Unless it is otherwise stated in the question paper, the specified word limit does not include the bibliography or footnotes, as long as the footnotes are used only to provide citations or references and not to add to the substance of the text
A bibliography at the end of your answer should list all the primary and secondary sources referred to in your answer; this does not count towards the word limit.
Answer both Part 1 and Part 2 of the question. Each part carries equal marks.
Part 1
Answer both Part 1 and Part 2 of the question. Each part carries equal marks.
Part 1
Brenda is a clairvoyant: she believes she can predict peoples futures by holding their hands. Under the fictitious Clairvoyant (Registration of Practitioners) Act 1953, it is a criminal offence for an unregistered clairvoyant to offer their services for payment. Last week the National Council of Clairvoyants (NCC), the registration authority, refused to register Brenda. The NCCs decision letter explains that since January 2013 it is NCCs policy that only applicants holding a Higher Diploma in Clairvoyancy will be registered. Brenda has just been awarded a lower level Certificate in Practical Clairvoyancy. She checked with the NCC in April 2010 that this would be a satisfactory qualification and was assured that it was (and has an email to prove this). The NCC changed its requirements in 2013 and announced this on its website, but Brenda did not see this. Brenda does not have the time, energy or funds to study for a Higher Diploma. Advise Brenda on what grounds of judicial review may be open to her to challenge NCCs refusal to register her.
Part 2
Select one of the following questions.
(a) Drawing on case law and relevant academic literature, explain and critically evaluate the circumstances in which arguments about factual errors can be adjudicated on in claims for judicial review.
(b) Drawing on relevant academic literature, assess what contribution judicial review makes to improving the quality of administrative decision-making.

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