Public Law Question And Answer Sample

Introduction To Public Law

Question 1

Reflection

With the help of the module W211 I learnt many different skills which are assistive in getting better grades and improving the professional career. It is particularly because of the reason that within the working the research skill is very important and crucial. In case the research skill will be appropriate then only I will be in a position to build a good career. With help of the present module I learnt that time management is very necessary research skill which needs to be presented within a person. It is particularly because of the reason that when the work will not be accomplished on time then it will be impacting the overall working capability of the person. For solving any kind of case it is mandatory that the work is being done according to the time required. In case more time will be taken then the output will not be effective and appropriate. With help of the present module I learnt that for the effective time management it is mandatory that proper critical thinking skill is also present. The reason underlying the fact is that when the critical thinking skill will be present then I will be in a position to effectively evaluate the situation and take timely decisions. Thus, this will help me in improving my time management skills. Moreover, it was evaluated that with good time management skill I can have a competitive advantage over others as well.

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Along with this I also evaluated with help of this module that the appropriate communication is also necessary for the effective research. This was particularly because of the reason that when the appropriate communication is done then it assist in researching well. There are many situations where in the field work or the primary data collection needs to be undertaken. Thus, when the appropriate communication will be present then automatically I will be in a position to communicate effectively and gather the appropriate facts and figures. Moreover it is mandatory for me to have effective communication skills as it will guide me in developing a better career within the fields of a law. Furthermore the effective communication skill will definitely help me in enhancing my working capability and will help me in having a competitive position. Along with this it is also mandatory for me to have the appropriate researching skills as well. The reason behind the fact is that there are many frequent changes taking place within the external environment and it is necessary for me to learn all these changes. The changes can be learnt only with help of the effective researching skills. Hence, it is mandatory for me to have the appropriate researching skills so that the overall working and learning can be done effectively.

Question 2

Impact of judicial case review on the UK constitution

Judicial case review is defined as the process which assists the people in ensuring that all the laws and regulations provided by the government as applied in the same manner as required. The people and businesses must ensure that the laws are applied in the same manner as written in the Constitution. It is because when the laws will not be followed then it will affect the working of the company and the country to a great extent. Also, the case of judicial review is assistive in situations wherein the judge is not able to make appropriate decisions. In such a situation, the judge tries to refer to similar kinds of cases and as a result, the decision for the current case can be provided. In the present evaluation, the case of Ridge v Baldwin [1964] has been undertaken. It is particularly because of the reason that this particular case includes the UK labour laws and the doctrine of natural justice. Within this particular case, the principle of natural justice is trespassed.

With the evaluation of the case, it was analysed that human rights are very necessary for the effective working of the person. It is necessary that during any kind of business, human rights must be followed in the same manner. The reason underlying the fact is that when human rights are ignored then it will affect the efficiency of the companies and also will not motivate the people to work lawfully. In case, the work will be done in compliance with human rights then it will ensure that the legal compliance is made effective. Also, the working capability of the businesses will be improved when the human rights will be used effectively.

The present case of Ridge and Baldwin was a case of UK labour law and was held in the House of Lords. The decision of the current case included an extension of the doctrine of natural justice within the administrative decision-making as well. Resultantly this particular case was included as the landmark case for the decision takers of the UK executives. Also, it was included in the judicial review case in English law and now in any similar kind of case, the decision of Ridge V Baldwin can be applied easily. With the help of the information of the case, it is clear that the finding and decision can be applied to any of the similar cases.

The particular case included the fact that The Brighton police authority dismissed the chief constable named Charles Ridge. He was dismissed without offering any chance to defend his actions. The constable continuously appealed that the Brighton Watch Committee which was headed by George Baldwin had acted unlawfully. This unlawful treatment included terminating his appointment after the criminal proceedings had taken place against him. For this, Ridge demanded financial reparation from the police authority and the reappointment was also declined. In addition to this, Ridge also reinstated his pension and other entitlements as well but these were also dismissed and were not provided with the damages and the backdated salary as well. This led to a violation of human rights. The reason underlying the fact is that when the overall working will be improved then it will increase the working efficiency and the case will be solved easily. Hence, during the case, it is necessary that human rights are kept in mind and no violation must take place. In case the violation of human rights takes place then it will affect the overall quality of the decision for the case.

In addition to human rights, there must be an effective separation of the powers. This is because of the reason that it is necessary for the people they effectively keep the powers separate. The reason underlying the fact is that when the separation of the power is present then automatically it will result in clarity of working. When the power will not be utilised properly then it can affect the working to a great extent. Also, the disparity in power and the misuse of power will be affecting the working to a great extent. Moreover, when the power is distributed well then it will impact the overall working capability and as a result of this, the overall working capability will be improved. Within the judicial review, it is necessary that the overall working is improved and as a result of this the cases will be solved easily. It is particularly necessary for the reason that when the overall working will be improved then automatically the power needs to be utilised well. When the appropriate power will not be used then it will affect the overall efficiency of the business or the solving of the case in a better manner.

By the case of Ridge and Baldwin the overall human rights must be used and followed. The reason underlying the fact is that when human rights will not be used effectively then it will affect the solving of the case. Similarly when the separation of the power will not be effective then it will be affecting the working capability of the business. Hence, it is necessary for the judges and other legal people they keep all these powers separate and also they must not misuse their power in any of the cases. There are many different situations within which the defendant or the appellant is known by the judge and as a result of this, the judge might misuse the powers and can make wrong decisions. Hence, in any kind of situation, it is mandatory for the judge to act ethically and must not make any of the wrong decisions or misuse the power of in dealing with the wrong case.

In support of this, Nicholas and Philip (2023) states that when the overall working is improved then the judicial case review is assistive. The reason underlying the fact is that when the overall working will be done ethically then it will affect the overall work to a great extent. Furthermore, for professional work, the work must be done most appropriately. In case ethical working will not be implemented then it will affect the quality of the decisions and the case will not be solved in a better manner. Also, for the proper solving of the case, the appropriate human rights must be complied. This is necessary because in case any of the work will not be applied in a better manner then it will be improving the working capability and solving of the case in a better way. The reason underlying the fact is that when human rights are complied by the judges during the case then it will be improving the overall working capability. Thus, it will guide the judge in making the appropriate decision for solving the case in a better and more effective manner. Furthermore, when effective compliance with human rights is made then it will improve the working capability of the judge and the case will be solved in a better and more effective way.

On the other hand, Sekalala et al, (2020) argued that the focus on separation of power must be emphasised according to compliance with human rights as well. The reason underlying the fact is that when the overall working will include the separation of the power then the decision-making will be more effective and efficient. Also when the overall work is done by keeping in mind the appropriate power then it will result in solving the case appropriately. In case the power of the person will not be separated effectively then it will be affecting the overall working efficiency of the judge to solve the case. Moreover, keeping the working separate and the powers as well is necessary for the judge so that the whole working case is solved effectively. Thereafter it is also necessary for the judge to keep in mind the human rights as well while solving the case. These two aspects, human rights and the separation of power are essential for the success of the solving of the case.

In support of this Weissbrodt and David (2021) stated that when the compliance with the human rights and separation of power will be made them automatically it will be improving the overall working . Thus, it is mandatory for the judge or the other people within the board that they must effectively comply with the effective Human Rights than all the working will be appropriate. In case the human rights will be ignored then the effective decision will not be undertaken. Hence, it is mandatory for the judge to effectively undertake the use of human rights and compliance with the separation of power. Many a times a person is having more powers and in the particular situation it is necessary for them to effectively keep separate all the different powers. It is necessary that the person does not make misuse of the power being provided to them. The reason behind the fact is that when the appropriate powers will be utilised by the person then it will be resulting in better attainment of the objectives and solving of the case. Furthermore when the appropriate powers are utilised at the proper time then it will be improving the overall efficiency of the business. Ultimately it will result in solving of the case effectively and appropriately. Thus, for the appropriate decision to be taken it is necessary for the judge that they keep all the powers differentiated. In case the person is having more power relating to different fields than it is mandatory for them to utilise the appropriate power at a particular time. Hence, effective use of power will help the judge in taking the appropriate decision and try to solve the problem effectively. With regards to the present case there was violation of the labour laws and as a result the power was misused. The person was not provided with the reason for termination and was forcefully terminated from the position.

Question 3

Evaluation of source using PROMPT analysis

References

Books and Journals

• Stiansen, Øyvind, and Erik Voeten. "Backlash and judicial restraint: Evidence from the European Court of Human Rights." International Studies Quarterly 64, no. 4 (2020): 770-784.
• Bylund, Per L., and Mark D. Packard. "Separation of power and expertise: evidence of the tyranny of experts in Sweden's COVID?19 responses." Southern Economic Journal 87, no. 4 (2021): 1300-1319.
• Costello, Cathryn, and Itamar Mann. "Border justice: migration and accountability for human rights violations." German Law Journal 21, no. 3 (2020): 311-334.
• Ginsburg, Tom, and Mila Versteeg. "The bound executive: Emergency powers during the pandemic." International Journal of Constitutional Law 19, no. 5 (2021): 1498-1535.
• Lawson, Anna, and Angharad E. Beckett. "The social and human rights models of disability: towards a complementarity thesis." The International Journal of Human Rights 25, no. 2 (2021): 348-379.
• Amon, Joseph J., and Margaret Wurth. "A virtual roundtable on COVID-19 and human rights with human rights watch researchers." Health and Human Rights 22, no. 1 (2020): 399.
• Nicholas, Philip M. "The Esoteric Question of Whether Corruption Violates Human Rights and the Real-World Practice of Compliance." Harv. Bus. L. Rev. 13 (2023): 243.
• Sekalala, Sharifah, Lisa Forman, Roojin Habibi, and Benjamin Mason Meier. "Health and human rights are inextricably linked in the COVID-19 response." BMJ Global Health 5, no. 9 (2020): e003359.
• Weissbrodt, David. The Right to a Fair Trial Under the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights: Articles 8, 10 and 11 of the Universal Declaration of Human Rights. Vol. 1. BRILL, 2021.
• Yeung, Karen, Andrew Howes, and Ganna Pogrebna. "AI Governance by Human Rights–Centered Design, Deliberation, and Oversight." The Oxford handbook of ethics of AI (2020): 77-106.