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To what extent does jurisprudence equip us to understand and criticize the modern state?

February 22, 2018 henry
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Evaluate the extent to which the UK judiciary has demonstrated its willingness to uphold the rule of law against the executive and legislature. Why is the independence of the judiciary an essential feature of the rule of law?
SOAS Public Law 2013, Year 2, Grade: 72% You are required to give an opinion as to whether the situations set out below would be amenable for a judicial review but you are not required to discuss the grounds of judicial review. (i) Jessica was detained by the UK Border Agency (UKBA) under the immigration rules pending further investigation of her case, with the prospect of deportation unless she establishes her right to remain in the UK. After two days UKBA arrange for her transfer from UKBA’s detention facility to Riverside Grange which is a secure unit owned and operated by a private company called Group Seven. The company run the facility under a contract drawn up with UKBA but Riverside Grange is only used for individuals referred to it by UKBA. Jessica is involved in a protest against her continued detention during which considerable damage to property was caused. As a result she faces a disciplinary procedure to be conducted by the managing director of Riverside Grange. This procedure could also lead to her immediate deportation but she has been refused a full oral hearing and denied access to legal representation. (ii) Under the Ancient Monuments Act (fictitious) the Secretary of State has the power to list for preservation purposes important remains of archaeological or of historical interest. While digging the foundations of a new building for Globe Developments in the centre of Richester, one of the workers discovers several well preserved pieces of Anglo-Saxon jewellery and many pieces of masonry from what is identified as an ancient abbey. The discovery is reported in the local and national TV, radio and press. Despite the growing interest in the finds the Secretary of State has decided without giving any reasons not to list the site and Globe Developments will soon lay concrete foundations which would mean that the site would not be further excavated by archaeologists. Claudine and Sarah are keen amateur archaeologists who live two hundred miles away near Salisbury. In 1996 they set up the Anglo-Saxon Society as a registered charity promoting the archaeological study of the Anglo-Saxon period. The Society has 150 members, most of whom live in South East England, including several professors and two bishops with an interest in this period in history. Advise as to whether (a) Jessica and (b) the Anglo-Saxon Society would be in a position to seek a judicial review? Note that this is not a question on the substantive grounds of review. Your answer should not exceed 1200 words. It must draw upon relevant case law and should be referenced with footnotes. The work must be submitted electronically by 4 March 2013.

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