Administrative Law Essay Example | Topics and Well Written Essays - 3500 words

Administrative Law - Essay Example mining the grounds for judicial review and, through case law, determining when the doctrine of ultra vires has been used as well as the common law theory. It should then be possible to reach a conclusion as to which approach is more convincing. Judicial review is the method used for challenging an alleged misuse of power by a public body1. An application for judicial review can be brought by anyone who has been affected by the alleged misuse of power. In order for someone to seek a review they must be of the opinion that the public has acted ultra vires or in breach of the law of natural justice. This can be established by proving that the public body had done something for which it had no legal authority in statute or common law2. Problems occurred in the case of R (on the application of Heather) v Leonard Cheshire3 were the Court of Appeal held that the authority was not performing a public function when they made their decision, and therefore could not be subject to judicial review. Applicants for a judicial review must make an application to the High Courts for leave to be granted a judicial review. Applications must be made within 3 months from when the grievance occurred, and the applicant must have sufficient interest in a matter to which the legislation relates and it must be a public law issue. The courts have occasionally granted leave to appeal even if one of the conditions for review has not been satisfied4. Where the courts consider that the interest of the applicant is insufficient they can refuse to grant a remedy5. Before leave to appeal will be granted the courts have to be satisfied that the decision complained of was taken by a public body. In some instances the legislator can prevent the review of their decision through the utilisation of an ouster clause. Ouster clauses are rarely used and have only been allowed in cases were the legislation has been clearly worded6. There are 3 grounds under which judicial review can be sought. These are

Emergency room overcrowding Thesis Example | Topics and Well Written Essays - 2000 words

Emergency room overcrowding - Thesis Example he research will involve the collection and analysis of primary and secondary data with an aim of determining the gravity of the matter, its impacts on service delivery, and to determine the best possible way to tackle this problem. Overcrowding of public and private facilities in different locations and regions is not an uncommon phenomenon. Unfortunately, when people overcrowd a facility or place, several negative things may happen. Some diseases, for one, are easily spread from one individual to the other through the air. Yet again, overcrowding in many cases leads to inefficiency and those who are charged with the duty of providing service may be hampered in their bid to provide their vital services as noted by Gupta, Sharma and Wickramasinghe (2005). Yet again, overcrowding may present vital opportunity to ill minded individuals to engage in certain unethical activities including pick pocketing as noted by Miller (2010). Hospitals being places that are visited mainly by people from various diverse backgrounds have not been exempted from experiencing problems related to overcrowding. In fact, the last couple of years have seen more emergency rooms facing overcrowding. This has led to health experts ringing an alarm over the risks that people expose themselves to due to this worrying trend. There may be many causes of overcrowding in the emergency room as noted by several experts in diverse fields. Some of these causes include higher acuity and need for more complex treatments in some hospitals, rising number of older patients, the existence of fewer healthcare facilities and rising need for emergency cases according to the Joint Commission Resources (2004). While a number of studies have been conducted with respect to hospitals and emergency rooms, very few have been conducted with an aim of addressing the problem of crowding. There are several causes of emergency room overcrowding most of which can be significantly eliminated through the realignment and