Functions of a public nature under a provision of the Human Rights Act Case Study

Functions of a public nature under a provision of the Human Rights Act of 1998 - Case Study Example Those courts or judicial bodies shall act accordingly when an individual applies for that relief or remedy. Thus, if one perceives that any government authority exercises its powers illegally, he (the aggrieved party) may file or apply to the Administrative Court for judicial review. This means that the petitioner or applicant will be asking the Administrative Court to quash or set aside the allegedly illegal act or order or decision of the challenged government authority.In one case law, the grounds for judicial review were summarized into illegality, irrationality or unreasonableness, and procedural impropriety.1 Illegality and irrationality are founded on substantive considerations as both relate to the principles and theories applied in asking for the review of the act, order or decision of the respondent government authority. Procedural impropriety, on the other hand, points to the serious flaws of the procedures followed by the government authority in doing the act or in issuin g the order or in rendering the decision.Ordinarily, judicial review does not entangle so much in difficulty for its application and interpretation in cases on the subject of human rights. Thus, if an administrative office under the education ministry issues a ruling, for instance, that a certain public high school will accept only straight male boys for education grants, that ruling will be subject to judicial review if the prospective gay students apply for the same on the possible contention of discrimination which will have repercussion on their human rights even under common law. With the passing of the Human Rights Act of 1998 and the interpretation of basic rights and freedoms coverage in conjunction with the European Convention on Human Rights, there may be debates on the issues. Before the said law, no written law in the United Kingdom enumerated basic human rights and fundamental freedoms. These key human concerns were embodied in the general common law. Then came the Convention where provisions on basic human rights and fundamental freedoms are clearly stipulated. In view of all these, arguments on the issue of reconciling the Human Rights Act and the Convention have abounded. For instance, in the case of Ghaidan v. Godin-Mendoza2, the Human Rights Act was put on the test. Ghaidan v Godin-Mendoza was about gays who lived together as couples. Under the applicable law on rental succession, gays who treat each other as conjugal partners are not considered as husband and wife. Upon judicial review, Article 14 of the Convention was invoked and the court found that the claim against discrimination on the basis of sex or other gender orientation for that matter was tenable. The calisthenics all about the variances will lead to resolve the perception that the convention has become inferior to the Human Rights Act. It is at this point that the importance of judicial review in administrative law becomes apparent. The first part of Section 3 of the Human Rights Act says that primary and subordinate legislations must be construed such that local laws are compatible with the rights listed in the Convention. The statutory provision has its rationale. As a signatory to the treaty, the UK must abide by the rules of the Convention. Hence, UK statutes are interpreted in a way that there is agreement with the Convention. The final portion of Section 3 is the meat of the problem. It states that it does not affect the validity and continuing operation of the incompatible primary law. Does this affect the strength of the Convention' The answer is in the negative. Current primary and subo

Sensory Discrimination Essay Example | Topics and Well Written Essays - 4000 words

Sensory Discrimination - Essay Example e has no sensory discrimination H1; Steve has sensory discrimination Method In this experiment, we utilize simple counts such as how many pieces of pizza were classified by the subject. The results were summarized in a 2 by 2 contingency table as shown below. The four numbers are a, b, c, and d, which are entered in the cells of the table according to the four categories. The total number of pieces of pizza which the subject can classify as Dominos Meatzza Feast or Pizza Hut Meat Lover’s pizza is: n= a + b + c + d From the table below we see that a total of a + c pieces of pizza were guessed correctly while b + d pieces of pizza were guessed incorrectly. If the subject cannot distinguish between Dominos Meatzza Feast and Pizza Hut Meat Lover’s pizza then a and c should be small. Conversely, if the subject can tell the difference between the two pizzas, we expect a and c to be about the same. (Weaver, 2008) Â   Guessed correctly Guessed incorrectly Total Dominos Meatzza Feast a b a + b Pizza Hut Meat Lover’s pizza c d c + d Totals a + c b + d a + b + c + d (=n) According to Fisher the probability of obtaining the values base above is given by the hyper geometric distribution below: (Deborah, 2000) The p-value is calculated in such a way that the margins of the table are fixed and, therefore, the respondant will give guesses with correct numbers in each category of the table. This leads to a null hypothesis of independence to a hyper geometric distribution of the entries in the cells of the contingency table. When using the chi square in the analysis, the approximation is not enough when sample sizes are small or if the data is very unequally distributed in the cells of the table. Therefore the cell counts have been predicted to be low. (Agresti, 2001) In this... The p-value is calculated in such a way that the margins of the table are fixed and, therefore, the respondent will give guesses with correct numbers in each category of the table. This leads to a null hypothesis of independence to a hypergeometric distribution of the entries in the cells of the contingency table. When using the chi-square in the analysis, the approximation is not enough when sample sizes are small or if the data is very unequally distributed in the cells of the table. Therefore the cell counts have been predicted to be low.18 pieces of pizza were prepared--9 pieces of Dominos Meatzza Feast and 9 pieces of Pizza Hut Meat Lover’s pizza. The pieces of pizza were presented to the respondent in a random order. The respondent’s task is to identify the 9 pieces of Dominos Meatzza Feast and the 9 pieces of Pizza Hut Meat Lover’s pizza, and he is informed of the design.ParticipantsThe participant in this study was Steve David. He claims to be able to tel l the difference between Dominos Meatzza Feast and Pizza Hut Meat Lover’s pizza since he runs a pizza store, and thus qualifies as an expert on the subject.The Fisher test is used with respect to the contingency table results. In this case, the test assesses what the expected frequencies will be if the null hypothesis is true. If there is no difference between Dominos Meatzza Feast and Pizza Hut Meat Lover’s pizza guesses, one would expect that Dominos Meatzza Feast would have been guessed correctly six times.