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- QUESTION
Discussion Prompt
Find an article that describes a case in which a court is reviewing a federal or state agency action. Answer the following questions:
What was the agency action?
Who is challenging the agency action?
Why do you think the party challenging the agency action has standing?
On what basis is the party challenging the agency action? What do you think is the likely outcome?
Subject | Law and governance | Pages | 2 | Style | APA |
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Answer
Judicial Review of Lockdown Measures
Judicial review remains an essential part of balancing powers between the executive and the judiciary. Here, we focus on Simon Dolan’s legal challenge against the Lockdown measures. We begin by stating the Lockdown measures before addressing the reason why Simon has standing. We conclude with an opinion on the likely outcome of the case.
The Agency Action and the Plaintiff
Following the Covid-19 pandemic, the government in United Kingdom imposed regulations termed as ‘Lockdown Measures’ to curb the spread of the virus. The government restricted travel, public gatherings, opening of certain businesses among other restrictions. A leading business man, Simon Dolan, through his representative, Philip Havers, of Crown Office Row, is challenging the latest lockdown measures terming them as disproportionate to the threat posed by Covid-19.
Reason for Plaintiff’s Standing
Several reasons can be offered for the claimant’s standing. First, from the data collected from NHS England, it is prudent to conclude that Covid-19 overwhelmingly affects primarily the elderly and those with pre-existing health conditions, not the vast majority of the working population. Thus, the one size fits all approach by the government is detrimental. Second, people exempted from the travel restrictions such as lorry drivers have not been given on how to proceed to their homes or interact with others restricted from travel. Hence, if infectious, they still have the chance of mingling with other people. Third, the measures will have a devastating effect on aviation and travel industries. Fourth, the restrictions breach fundamental rights in the European Convention such as right to religious freedom. Hence, several reasons can be offered for the claimant’s standing.
Likely Outcome
The government is likely to review the restrictions. The claimant challenges the federal action based on the effects the law has and its breach to other fundamental rights. With the backdrop in economy, the government is likely to review the Lockdown measures. Moreover, there is likely to be a public uproar on the effectiveness of the measures. Thus, government’s review of the restrictions is a likely outcome.
On the whole, judicial review remains an essential part of balancing powers between the executive and the judiciary. Several reasons can be offered for Simon Dolan’s standing in the challenge of the government’s Lockdown measures. Finally, a review of government restrictions is the likely outcome of the case.
References
Appendix
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