Constitutional and Administrative law – Judicial review

Following worries about the possibility of a virulent flu pandemic, which is currently affecting migrating geese, mutating and spreading to humans, Parliament has recently passed the (fictional) Bird Flu Act 2015.

Section 1 states: “The Minister may, as he thinks fit, order the slaughter of any flock.”

Section 2 states: “District councils shall appoint inspectors who shall have the power to enter any premises in order to investigate the health of the birds therein.”

Section 3 states: “The decision of the Minister shall not be called into question in any court of law.”

Avianshire District Council employ Vetco Ltd., a local company, to perform the duties prescribed by s 2 of the Bird Flu Act.

Boris and Cassandra (see below) have come to you for advice. Boris owns a “reptile house” (a zoo for lizards, snakes, crocodiles, tortoises etc). There have been reports in the press that bird flu can be contracted by reptiles and then transmitted from reptiles to humans. The Minister has ordered the slaughter of all Boris’ reptiles, but this has not yet been carried out. Boris has not been given any opportunity to make representations.

Cassandra is a professional breeder of budgerigars. She keeps her budgies in her house. Employees of Vetco Ltd. entered her home the other day and confiscated all her budgies. She is told that the birds are to be held in quarantine for twelve months. The Vetco employees also searched her house and seized documentation relating to the purchase and breeding of budgerigars.

Advise Boris and Cassandra on what, if any, grounds of Judicial Review may be arguable in their cases, and what, if any, remedies they may seek.

* Please make sure you reference every piece if information given to avoid plagiarism.
* You need to reference every source you got the information from.
* At least two sources (website/book/journal/article)
*referencing should be the OSCOLA referencing format.
*Please put down a link for every website/online journal article so I can access it and see it myself.
* It is very important that every sentence in paraphrased. Unless, you want to quote. This is very important in order to avoid being accused of plagiarism. Paraphrasing is not just changing one or two sentences.
* Paraphrasing and referencing is very important.

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