PUBLIC LAW 2

Public Law

Question 1

As a public body created and regulated by statute Bio Medic is accountable to the public

Public accountability is evidence by the legislative provision creating specific duties and obligations

The decision to conduct experiments without the prior approval of the House of Lords as mandated by Section 2 of the Embryology Act is a breach of statutory duty . The decision can be challenged on the basis that it represents a breach of statutory duty

This would require an examination of the legislator 's intention with

respect to creating the duty to seek prior approval of the House Lords before conducting experiments

In reviewing the decision the courts will typically look at parliamentary intention and while taking it as a paramount concern , the courts will also look at the policy consideration giving rise to the public authority 's /company 's decision . The courts are concerned with the public interest protected by the statutory duty . Since such a breach does not give rise to a private law remedy in damages , the public law remedy properly lies in judicial review of the unauthorised decision taken by Bio Medic

Judicial review is an administrative function which permits the courts to supervise public power exercised by a public body created by statute .By virtue of judicial review the decision taken by Bio Medic to conduct experiments without first obtaining the statutorily required approval of the House of Lords can be reviewed on the grounds that the decision was made illegally or...