Constitutional Law Work
The arms need to be independent form each other but should coordinate for proper and effective functioning of the government. 1 The concept seeks to support the notion that there is established the executive arm of the government. The executive is established as an arm of the government. It is distinct from the legislature and the judiciary which are other arms of government, district and independent of each other. 2 The doctrine of separation of powers is limited to pave way for the concept of checks and balances among and between the arms of the government. 5 The government must refrain from exercising the prerogative powers in contravention of written law, otherwise the action would be considered illegal and shall be available for quashing.
6 The government should never exercise its powers in contravention of the legitimate expectations of her people. The powers should not be used in an ultra vires manner. They are also not to be used without due regard to the principles of equity and fairness as contemplated in the laws of the UK. If the government contravenes the underlying principles concerning the use of prerogative powers including the aforementioned, the action taken is amenable for judicial review. The court would then enter the prerogative writ of mandamus. Mandamus would to compel the government to admit the prospective soldiers from Easteros on the same terms as the rest of the candidates without requiring them to meet the unfair and biased criterion. Further, the decision would also attract an order of prohibition to restrain the government from making the same decision on such terms as have been looked into by the court and quashed.
On the premise that the decision is discriminatory on the people of Easteros, the same is available for a petition seeking to secure the application of equity and equality in public affairs which involve citizens. 8 In this regard, a petition would be made in the court in the nature of a constitutional petition seeking to enforce the principle of equality before law and the principles of equity, equality and fairness. 12 The implications of this are that the laws of the UK at the moment are subject to compliance by the European Union law, pending the anticipated repeal of the European Community Act. 13 Though the 1972 legislation is intended to be repealed and having noted the fact that in the 2016 referendum the UK decided to leave the European Community, the process of leaving is not yet completed.
14 The laws made by the legislature must still compliant with the provisions of the EU laws, as contemplated under the aforementioned statute. In that regard, the Support Our Boys legislation which advocates for immediate deportation of a European found to be taking part in the protests is inconsistent with the provisions of the EU laws. It is therefore null and void ab ignition and is available for declaration as such by the Judiciary. Nadia has the right to have her right to freedom of expression held with high regard above the provisions of section 20 of the SOB Act. In light of the same proviso under sub-section 4, clause (a) under sub-clause (1) points that the court must consider the extent to which the material in issue is almost available or is about to be available to the members of the public.
In the present matter, the material is already available to the members of the public hence there is no need to have Nadia in custody since there will be nothing to prevent. Under sub-clause (ii) of the aforesaid proviso, Nadia has the right to have her publication weighed in light of the interest of the public to receive the information in the publication as against the need to curtail the publication. In the present matter, the interest of the public in knowing whether the war is a merited course or not supersede the need to bust the morale of the soldiers in fighting a war that does not augur well with the people. Harvard law review, 633-729. Forsyth, C. (Ed. Judicial review and the Constitution.
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