Administrative Justice : Central Issues in UK and European by Longley & James, Diane Longley, Rhonda James

By Longley & James, Diane Longley, Rhonda James

This ebook appears at administrative legislation from a socio-legal standpoint opposed to a history of constitutional ideas. It scrutinises the present associations within the mild of constitutional beliefs and highlights the discrepancies among underlying goals and truth. It considers, within the large experience, how criminal concepts are utilized in the improvement and implementation of presidency coverage and to what volume this permits for the enhancement of democratic participation and legitimacy of determination making.

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In particular, a notable expert in the field suggested a particular combination of drugs which would not involve excessive additional cardiotoxicity. This was regarded as a high risk strategy, but the hope was that a complete remission might be achieved so that a second bone marrow transplant could then be contemplated. Whilst this expert’s hospital was willing to carry out the treatment, there was no prospect of a bed being available for a number of weeks. In the light of the urgency of the situation and the reluctance of B’s own doctors to undertake further treatment, her father was advised to seek it from the private sector.

36 Any challenge is bound to present the judiciary with a difficult task, as such decisions invariably involve a perplexing interaction of fiscal, managerial, professional and public elements of resource allocation, in situations of substantial uncertainty. The different approaches adopted in the High Court and the Court of Appeal in the instant case also pointed to a dichotomy in the courts’ perceptions of their role in relation to public decision making. Since diagnosis of non-Hodgkin’s lymphoma with common acute lymphoblastic leukaemia in 1990, B had undergone two courses of chemotherapy, including total body irradiation, and an allogenic bone marrow transplant.

The four plaintiffs had all consequently been administratively discharged. They sought judicial review contending that this was a breach of the ECHR and EC principles on equal treatment and that the policy was irrational in the light of changing public attitudes and moral standards. They also argued that the threshold of the reasonableness test should be lowered where there was a human rights dimension. The Court of Appeal confirmed that the more substantial the interference with human rights, the more the courts could require by way of justification before it was satisfied that the decision was reasonable.

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