case supreme_court united_states held military commissions set bush administration try bay lack power proceed structures procedures violate uniform code military justice geneva conventions signed specifically ruling says common article geneva conventions violated case considers united_states congress pass legislation preventing supreme_court hearing case accused military commission takes place special military commissions set violated federal law including uniform code military justice treaty obligations courts enforce articles geneva convention unusual aspect case brief filed senators jon graham presented extensive added congressional record evidence congress aware treatment act strip supreme_court jurisdiction hear cases brought statements included december debate time emily slate magazine argued brief attempt court june court issued decision holding jurisdiction administration authority set particular military commissions congressional authorization comply uniform code military justice geneva convention court found incorporated uniform code military justice background citizen worked bodyguard laden worked afghanistan agricultural project laden developed captured militia forces invasion afghanistan fall turned united_states sent new bay detention camp naval base cuba july charged conspiracy commit terrorism bush administration arrangements try military commission established department defense military commission order march assigned defense counsel charles swift navy legal team filed petition district court writ corpus challenging military commission saying lacked required geneva conventions united_states uniform code military justice following united_states supreme_court ruling established right corpus challenge detention granted review status review tribunal determined eligible detention united_states enemy person interest defendants case included united_states government officials allegedly responsible detention short case includes named defendant secretary defense district appeals court reviewing petition judge james united_states district court district_of_columbia ruled favor found united_states hold military commission shown prisoner war july united_states court appeals district_of_columbia circuit judge panel arthur john roberts stephen williams unanimously reversed decision district court judge wrote decision cited following reasons legality military commission military commissions legitimate forums try enemy combatants approved congress geneva convention treaty nations individual rights geneva convention enforced courts assistance time war countries convention guarantees certain standard judicial procedure competent tribunal speaking jurisdiction prisoner tried terms geneva convention members covered congress authorized activity statute judicial branch united_states government enforce convention argument tried prisoner war status determined supreme_court decision november supreme_court issued writ hear case petition filed behalf georgetown university law center commander charles swift navy alumnus seattle university school law seattle law firm provided additional legal counsel case argued court march argued behalf paul solicitor general united_states argued behalf government chief justice roberts previously ruled case judge panel united_states court appeals district_of_columbia circuit critics called justice allegedly improper comments decision case prior hearing oral arguments man captured war jury trial mean crazy chose supreme_court announced decision june court reversed ruling court appeals holding president george bush authority set war crimes finding special military commissions illegal military justice law geneva conventions stevens opinion court associate justice john paul stevens wrote opinion court commanded majority stevens opinion began issue jurisdiction denying government motion dismiss section treatment act gave circuit court appeals exclusive jurisdiction review decisions cases tried military commissions congress include language supreme_court jurisdiction making government argument court government argument supreme_court review similarly rejected applied member military tried military court martial contrast member military tried military commission court martial court precedent court recognized duty enforce relevant constitutional special term review trial military convention opinion explicitly stated bar considering petition unnecessary decide laws barring corpus petitions violate suspension clause opinion addressed substantive issues case explicitly decide president possessed constitutional power military commissions like created try possessed power sanctioned laws war codified congress article uniform code military justice authorized statute statutory authorization authorization use military force expanding president war powers art instead acknowledge president authority military commissions justified war operating laws war laws war majority necessarily include geneva conventions require military commission provides art requires rules applied courts martial military commissions uniform stevens found substantial including defendant defendant attorney forbidden view certain evidence defendant defendant attorney forbidden discuss certain evidence defendant evidence judged value admitted including live testimony statements gathered torture appeals heard courts executive branch exception relevant commissions violate majority found procedures question violate applicable common article geneva conventions found court appeals concluding conventions apply erroneously relied johnson legally control case procedures tribunal courts martial erroneously ruled geneva conventions apply art minimal protection combatants territory minimal include tried regularly constituted court military commission military commission meet requirements uniform code military justice geneva convention laws war try court hear question decided district court opinion entitled art hearing instead status review tribunal observes article geneva convention requires doubt entitled prisoner war afforded status determined competent tribunal hold event tried military commission president convened november order commission order question potential status prisoner war independently renders illegal trial military commission reserved sections justice anthony kennedy join stevens opinion parts largely grounds judicial having decided military commissions foundation core question case decided court need sections majority support sections stevens addressed issue military commissions try conspiracy charges argued military commissions courts general jurisdiction able try crime court traditionally held offenses law war military commission clearly defined war crimes statute strong common law precedent finally found support statute court precedent law war military commissions trying charges conspiracy geneva conventions earlier conventions trials addressing common opinions stevens opinion addressed major arguments dissent example majority opinion says justice argument concerning jurisdiction stripping statute section ignores effective date provision statute section majority opinion says government contention war started september justice thomas argument started majority opinion notes language congressional record dissent cites inserted record legislation enacted senators graham jon includes quotations attributed persons justice wrote page opinion joined justices kennedy contended commissions necessarily prohibited long congress congress denied president legislative authority create military commissions kind issue prevents president returning congress seek authority believes necessary emergency prevents consultation congress judicial insistence consultation weaken nation ability deal danger contrary insistence nation ability determine democratic means best constitution places faith democratic means court today simply kennedy justice kennedy wrote opinion joined parts justices kennedy raises concern separation powers specifically branch control elements case including avenues review appeal describes differences procedures military commissions procedures prescribed fewer jury members different rules evidence differences demonstrate commissions operate rules military courts martial raise issues neutrality respect military judges involved renders commission judicial entity regularly constituted court required geneva convention sum kennedy writes commission exceeds congressional bounds congress free write law fit final lists kennedy reservations defendant present stages trial reluctance consider article protocol america signed binding kennedy writes feels necessary validity conspiracy charge expresses view merits limitations commission noted decision dissent justice wrote opinion focuses primarily issues jurisdiction joined justices thomas calls court conclusion hear case erroneous argument relies treatment act effective december states court justice judge shall jurisdiction hear consider application writ corpus filed behalf alien detained department defense bay cuba opinion clause deny supreme_court jurisdiction case calling majority reading effectiveness provisions mess cites united_states cases granting immediate effect pending cases absent explicit statutory reservation wrote interpreting language majority ignored supreme_court established statute excluding jurisdiction applies pending cases clear language saying claimed majority interpretation reasons referring majority use senate floor debate records bolster interpretation writing makes difference language support position inserted congressional record law voted accuses majority ignoring president signing statement furthermore expanding jurisdictions able hear corpus bay create excessive load court system addition states original military tribunal shown inadequate application suspension clause constitution points johnson second major argument opinion argues held outside territorial jurisdiction united_states lack right writ corpus points claims subject indefinite detention adverse determination finally justice court taking equity jurisdiction case draws analogy case supreme_court declined passing judgment decision military court martial finished work argues likewise military commissions cuba ended work subject judicial oversight thomas dissent justice thomas read dissent bench decision announced time dissent dissent asserted courts jurisdiction case reasons described dissent illegal protected geneva convention geneva convention doesn prohibit special court council proposed president authority set special court council proposed citing dissent thomas briefly reprised roles granted constitution different branches time war argued framework established sheet tube president bush decision try military commission entitled heavy measure congress authorized president use necessary appropriate force prevent future acts terrorism passed authorization use military force thomas disagreed strongly determination legality charges doubtful charged overt act caught agreement inception long relevant armed conflict second executive judgment arguing court disagreement based little constituted unprecedented departure traditionally limited role courts respect war intrusion executive authority thomas disagreed assumption date enactment constituted start war suggesting laden declaration august considered declaration war view enactment congress mark beginning conflict authorized executive use force combat additionally thomas wrote common law war flexible evolutionary nature war courts permitted degree latitude jurisdiction holding failed properly judgment executive military commanders referring court recent decision united_states thomas noted justices instant decision disregard commander chief wartime decisions trouble judgment corps engineers agency wildly conclusion storm drain tributary waters united_states goes saying thomas added stake storm drains thomas likewise disagreed holding government charged crime clearly military commission commission lack power proceed comply terms geneva conventions signed emphasized jurisdiction military commissions prescribed statute adapted instance need called forth thomas argued court conclusion article amounts attempt congress curb executive power contrary text structure inconsistent prior decisions court addressing claims geneva convention thomas argued court holding johnson majority noted respondents assert geneva convention makes immune prosecution punishment war crimes claim common article president accepted determination department justice common article geneva extend thomas asserted court duty instance president understanding provision issue acute fact acting authority commander chief dissent seven page dissent sided thomas explanation believe courts jurisdiction case explained believed military commission case legal disagreed holding court found military commissions meet definition regularly constituted court required common article geneva conventions argued common article satisfied military commissions qualify courts appointed established accordance domestic law procedural occur particular cases reviewed cases specifically disagreed opinions supporting judgment held military commission tried regularly constituted court military commission illegal commission procedures allegedly comply wrote military commission regularly properly constituted example types local state federal international courts courts differently constituted differ substantially respects regularly constituted stated geneva convention common article specifically rule military commissions points commentary article article court support opinion argued common article recognizes prohibition special article prohibit prohibition applicable tribunal military commissions regular bush administration conduct hundreds according procedures concluded tribunal like hundreds respondents propose conduct regular special wrote commissions appointed set established order president like commission court acknowledges recognized statutory predecessor preserved president power military commissions disagreed kennedy assertion acceptable degree independence executive necessary render commission regularly constituted standards nation system justice arguing kennedy offers support proposition event integrity arguing commission different present case finally wrote commission procedures provide basis deeming commissions illegitimate points procedural rules court found fault rule allowing secretary defense change governing rules time time second rule permits admission evidence value reasonable person asserts rules commissions illegitimate rule argued changes course trial prejudice defendant help defendant addition change applied course ongoing proceeding accused found guilty validity procedure considered review proceeding case second rule argued rule violate international standard incorporated common article rules evidence differ country country world follow aspects evidence rules general prohibition admission reaction decision impact decision tried trial court military court martial possibly commission court like shortly military commissions act raised issue court hear cases department justice filed notice federal judges given notice hundreds petitions alien unlawful enemy combatants status determined jurisdiction courts passage signing act follows president bush expressed intention explicit congressional authorization use military press secretary tony snow echoed plan appeal congress senate republicans conflicting views senators graham military prosecutor indicated congress work quickly authorize influential senator john warner suggested cautious response potential congressional action provided avenue republicans threatened democratic members congress labeled weak terrorism authorize july secretary defense issued memo application common article geneva conventions treatment department defense basis july statement bush administration bay military custody entitled humane treatment geneva conventions declaration appears cover cia ambiguous respect interpretation common article definition humane treatment indications held facilities world air base black sites use supreme_court ruling challenge treatment reasoning geneva conventions afforded protection effective commentators expressed mixed opinions strength argument implications theories executive power decision important implications disputes relating extent executive power executive theory particular undermine bush administration legal arguments domestic national security agency required foreign intelligence surveillance act charges dismissed new charges june canadian youth charges dismissed judges presiding military commissions ruled military commissions act jurisdiction try authorized trial unlawful enemy combatants status review like captives confirmed enemy combatants december tribunal determined unlawful enemy august convicted military commission lesser charges received sentence months reduced time served half months november transferred served month release joined family october appeals court district_of_columbia overturned conviction charge court documents text decision text links statutes constitution text links supreme_court official reporter oral argument text oral argument groups file case involving laden driver physicians human rights petition writ brief respondents opposition department justice december text july 15th ruling court appeals district_of_columbia circuit july brief legal scholars historians support secretary defense pentagon documents military commission order news reports commentary high_court rejects washington_post june supreme_court international law june common article true spirit law war july charges described laden bodyguard washington_post july fourth charged washington_post july laden driver charged hearing usa_today august court permits terrorists tried military commissions washington legal foundation july protecting america freedom national security defense washington legal foundation july nation second highest court military commissions july understanding right conspiracy liability court said david cole new_york review books august george direct matt aaron war terror mtv september archived original september


supreme_court case involving burden proof parental rights case arose county new_york department social services sought john annie parental rights children section new_york state family court act state permitted parental rights natural child fair evidence court found permanent neglect new_york state family court found neglect utilizing fair standard division new_york supreme_court upheld burden proof opinion written justice harry supreme_court united_states vacated division ruling holding states seeking parental rights clear convincing evidence neglect justice william joined grounds majority focus single aspect law disregarded scheme ruling criticized intrusion state affairs ruling states previously fair standard changed clear convincing standard california abandoned clear convincing standard returned fair standard background process 14th amendment supreme_court previously held citizens certain fundamental rights government right necessary achieve compelling government interest doctrine arising liberty clause fourteenth amendment known substantive process right privacy found fundamental doctrine number rights choice came wade court found right abortion nebraska court found parental right raise children wish connecticut court extended doctrine right substantive process expanded encompass children establishing children right procedural process state attempts custody procedural process arising fifth fourteenth amendments right notice hearing held include circumstances rights counsel rights confrontation procedural process required time person faces life liberty property substantive process arises liberty clause substantive process right liberty requires procedural process rights secured substantive process requires procedural process procedural process range administrative hearing jury trial court explained level process required termination social security benefits established method determining level procedural process required person life liberty property court balancing state interests procedural process rights individual test takes account factors private interests affected proceeding risk error created state chosen procedure governmental interest supporting use challenged procedure facts case county department social services received reports neighbors physicians tina injuries broken cuts child abuse commissioner county department social services initiated parental neglect proceedings removed tina custody parents john annie november months later second child john removed found suffering day annie gave birth couple child days birth removed custody placed foster home years later petitioned county family court parental rights section new_york state family court act required satisfy fair evidence burden permanent neglect likely challenged burden family court rejected challenge found permanent neglect fair standard appealed division new_york supreme_court affirmed ruling family court appeal new_york court appeals dismissed lacking substantial constitutional question appealed supreme_court united_states granted oral argument martin argued burden proof new_york law unconstitutional stating constitution requires fact reasonably convinced result permanent destruction family appropriate state force fundamental liberty individual respondents argued raising burden proof affected outcome case court raise burden specific intent legislature opinion court writing majority court justice harry held natural parents right process fourteenth amendment burden proof new_york state stringent satisfy constitutional requirements process clause striking new_york burden court utilized test determine burden proof test employed consists considerations private interests affected risk posed erroneous judgement government interest affected court found private interests substantially affected law noting state parental rights termination proceeding seeks merely fundamental liberty interest end termination analyzing second factor court stated interests parents child natural relationship distinct balancing factors parents state court found fair burden fairly risk higher burden practically symbolically important court found state interest higher burden little impact ability state achieve goal following review court held state support allegations clear convincing evidence opinion dissent written justice opposed ruling court main points matters family law left states court analysis narrow dissent agreed court determination parents process right disagreed application quoting case dissent clarified stating substantial weight given good faith individuals program procedures provided assure fair consideration claims individuals dissent argued focusing narrowly burden proof statute majority failed account new_york scheme subsequent developments early 1990s states previously fair standard adapted clear convincing standard termination proceedings new_york states apply elevated burden proof fact finding phase proceedings termination proceedings colorado supreme_court conducting test found burden need applied fact finding portion case 1990s california state previously clear convincing standard lowered burden termination proceedings scheme challenged brought california supreme_court court specifically rejected citing substantial differences california procedures new_york upheld statute seven years decision united_states supreme_court held price higher burden proof exception conventional rules civil litigation parties civil litigation need prove case evidence court later extended finding governmental interest preserving promoting welfare child held children available guardians held custody pending hearings right parents choose raise child main constitutional interests issue affirmed court struck washington law allowed parties petition rights parental objections dissent justice john paul stevens assumption interests parent interests child arguing process clause fourteenth amendment leaves room states consider impact child possibly arbitrary parental decisions serve motivated best interests child impact court clear interests children assumed covered interests parent treated separate doctrine clear practice termination proceedings focus fitness parent resulted constitutional parents increasingly formal termination proceedings limit contribution child interests proceedings contributed role parental rights immigrants protected parental rights apply non citizens united_states citizens ruling criticized intrusion state affairs basis previous prior realm family life left states direct intervention affairs state interests seen contrary united_states held federal courts state statutes statutes adequately serve clear substantial federal interest


wild free horses act wild free horses act act congress pub signed law president richard nixon december act covered management protection study horses public lands united_states 1900s feral horse populations decline concern horses destroying land resources wanted hunting interests pressure federal agencies 1930s led series policies severely reduced herd numbers 1950s modern practices capturing horses came attention individuals known wild horse annie felt measures extreme cruel activism resulted hunting wild horses public lands act act resolve advocate concerns leading passage wild free horses act bureau land management forest service manage struggled implement adequate herd management areas began successful program rounding excess numbers adopting captured horses private owners remains primary method removing excess horses managed land recent years adoption rate kept removal rate horses currently diverted long term holding facilities administrative challenges management implementation act department interior board land appeals act challenged court objections varied focusing legal status animals act upheld instances including new_mexico united_states supreme_court charges turned blind eye practice private investors adopting feral horses purposes slaughter courts determined ignore intent congress taken actions affect act including provisions bills provisions addressed manner horses rounded method horses offered sale adoption contents act provides specific horses public lands united_states makes crime harass kill animals federal land requires departments interior agriculture protect animals beginning enactment required studies habits habitats free ranging horses permitting public land set aside use addition act required horses protected living symbols historic pioneer spirit west tasked identification areas free horses found specific set aside act required management plans maintain thriving natural ecological balance wild horse populations wildlife livestock vegetation protect range deterioration associated wild horse ranges principally protection horses land required maintained multiple use permitted close public land livestock grazing protect wild horse habitat history act uses technical language wild free describe horses protected act notes today american wild horses considered native protected animals descend horses brought americas beginning escaped wild released ensuing centuries feral animals adapted western range act manages horses wild regardless native non native status free horses found american frontier west mississippi_river numbered million comprehensive estimate free horse numbers early estimates speculative horse numbers decline domestic cattle sheep competed resources shot horses leave grazing land livestock horses captured range human use rounded slaughter end 1920s free horses lived general land office lands national forest western states genetic origins diverse reflecting american westward expansion included horses spanish descent draft saddle horses turned loose open range management horses running range initially left local taylor grazing act established united_states grazing service grazing service manage livestock grazing public lands authorized grazing service grant individual grazing set fees grazing fee horse twice cow result allowed horses run loose pay time taylor grazing act passed estimated horses wild public land subject act grazing service forest service committed removing free horses viewed lands administered grazing service began directly hire people remove horses public land united_states forest service periodically gave notice round shot remaining horses formed combining general land office grazing service longer directly removed horses lands administered issued permits hunters unknown free horses public lands time clear horses land damage presence horses removal probably exceeded animals reproductive rate resulting decline numbers world war captured horses slaughtered meet demands pet food market 1950s free horse population estimated animals horses chased exhaustion poisoned water holes removed practices led better known wild horse annie animal welfare horse advocates lobbied passage federal law prevent capture wild horse methods efforts successful september president dwight signed law hunting wild horses public lands act pub known wild horse annie act banned hunting feral horses federal land aircraft vehicles ownership free remained contentious continued use gather horses subject individual states laws law prevented complete elimination horse federal agencies continued try eliminate horses areas perceived causing resource damage policy release branded mare herd later round mare band mare ran slaughter sale nevada state law permitted round horses private land slaughter sell concerned practices continuing horse hunts unprotected areas international society protection president began working pass federal legislation protect feral horses joined number prominent people including country music singer actress blake new_hampshire union leader publisher conservative william iii continued lobby federal state control disposition free horses public pressure lead establishment nevada wild horse range mountains wild horse range established national association headquartered utah persuaded senator frank moss introduce bill protect remaining spanish descent endangered species act bill called removal public lands non spanish horses came heavy opposition federal protection free horses ultimately accomplished passage wild free horses act specifically states person claiming ownership horse public lands shall entitled recover recovery branding laws state animal found problem horses rounded auspices belonging local given specified time period following passage act claim horses remaining forest service property federal government implementation act gave jurisdiction challenges forest service management wild horses act implemented department interior board land appeals act contained provisions removal excess animals destruction lame old sick animals private placement adoption excess animals destruction healthy animals range management required revisions proposed increased concern destruction free horses resume destruction healthy horses occurred january director issued destruction excess animals act left range management policy unresolved respects specify forest service consult state wildlife agencies practice struggled accommodate needs feral horses priorities included livestock grazing prevention soil erosion big game hunting november announced major effort save mountain herd starvation poor summer growing season left vegetation range herd mountain range said increased percent level strong disagreement population actually increased amendments public improvement act established herd management areas feral horses permitted live federal land number reduced covering million acres dedicated solely protection feral horses mountains wild horse range montana little book cliffs wild horse range colorado nevada wild horse range nevada dedicated feral wild range nevada began pilot project range known adopt horse initiative program took advantage provisions act allow private qualified individuals adopt horses wanted provide adequate care animals time title horses remained permanently federal government pilot project successful allowed nationwide public improvement act authorized relinquish title adopted horses year satisfactory private maintenance adopt horse program primary method disposal excess feral horses forest service land despite success adoption program struggled maintain acceptable herd levels natural predators herd sizes double years horses managed land exceeding estimated appropriate management level addition range horses additional wild horses protected act living range uses limited amounts control herd numbers form advocates additional use help diminish excess number horses currently management researching possibility permanently prevent new single shot wildlife use mammals approved use environmental protection agency congress prohibited funds destroy excess animals announced possibility excess horses quickly condemned horse advocates legal challenges new law disputed feral horses considered jurisdiction state laws managed livestock federal government right interfere test assertion new_mexico livestock board seized free feral preventing cattle hole federal land united_states district court district new_mexico held property clause constitution congress regulate wild animals protect public land damage case went supreme_court united_states new_mexico supreme_court ruled congress power manage public land necessarily includes power regulate protect wildlife living free horses considered wildlife purposes determining congress power protect united_states johnson 9th act challenged court vague definition horses united_states court appeals ninth circuit upheld wording early 1980s mountain states legal foundation foundation rock springs grazing association association won writ district court requiring remove horses private lands private public lands association reduce number horses public lands district court issued summary judgement government contention feral horses ate grass drank water privately owned lands taken resources violation clause fifth amendment constitution government compensate private landowners foundation appealed summary judgement united_states court appeals tenth circuit mountain states legal foundation den appeals court summary judgement district court ultimately ruled wild animal agent federal government found guilty taking grass water argument brought time united_states court federal claims fed held free horses taking forage paid grazing permit horses drinking water springs owned water rights court dismissed argument referring earlier court findings limited number horses adopted year single allowed exceptions limit mid-1980s placed adoption horses large scale thousands horses slaughtered march animal protection institute sued department interior arguing turning blind eye obtained horses intent slaughter animal protection institute united_states district court district nevada held ignore intent decision upheld ninth circuit court appeals animal protection institute terminated large scale adoption program animal protection institute signed court settlement require individuals sign stating intent sell animal slaughter use stock settlement required establish rules requiring horse maintain horses year report horses clear title established agreed longer permit adoption power attorney district court refused enforce settlement leaving issue unresolved november congress passed parks public lands management act clarified earlier amendment act authorizing forest service use helicopters motor vehicles round transport feral horses public lands use helicopters challenged feral horse advocates grounds dangerous horses case brought district court nevada state alleging helicopter pilots flew close horses judge case issued temporary order including inadequate distance helicopters animals issued new policy covering humane treatment animals including use helicopters stated animal handling policy changes expected future subsequent congressional action congress included provision federal land policy management act permitted humane use helicopters capturing free horses federal land use vehicles transporting problems adopt horse program emerged accused allowing feral horse populations federal land allowing adopted horses sell slaughter congress passed public improvement act limited horses year individual allowed relinquish title horse year animal treatment occur law required inventory feral horse scientifically determine constituted appropriate herd levels determine public process excess animals removed congress amended require updated herd counts republican senator montana burns inserted rider consolidated act page bill amended require sell excess animals years old offered adoption times amendment required excess horses shall available sale limitation burns reportedly acting behalf interests wished horses removed federal land legislation signed law president george bush described media outlet ing decades lobbying legislative action aimed protecting america wild horses slaughter amendment passed limit implementation burns amendment preventing appropriated funds facilitate sale slaughter protected wild horses interior act language amendment added august remained effect early discovered excess wild horses sold slaughtered suspended sales program april resumed implementing new requirements deter buyers animals fall horse united_states closed january united_states court appeals fifth circuit ruled texas law banned possession transfer sale horse meat ruling forced texas close september united_states court appeals seventh circuit upheld similar ban illinois causing plant located state close procedures ban export wild horses sale slaughter outside united_states government office concluded compliance amendment department imposed limitations sale excess horses help ensure slaughtered stated dilemma need balance charge protect preserve feral horses charge destroy sell limitation excess animals recommended develop cost effective alternatives process caring wild horses removed range long term holding facilities seek legislative changes necessary implement alternatives february representatives nick democrat west_virginia democrat arizona introduced restore american act act passed amended act increase available feral horses develop additional killing healthy animals allow greater public participation herd management decisions bill passed house vote july vote died senate referred senate energy natural resources committee

Wild and Free-Roaming Horses and Burros Act of 1971


english law doctrine english contract law covers relationship parties contract parties agents basic level rule contract rights impose obligations party original agreement party historically parties enforce terms contract evidenced wood law changed series cases 19th early 20th centuries known tyre ltd doctrine widely seen unfair reasons exception cases parties contract obviously intended enforced party applied provided solid rule bad law doctrine attracted criticism figures lord lord lord arthur early law revision committee recommended significantly altered passing contracts rights parties act november doctrine significantly altered allows party enforce terms contract party specifically authorised contract contractual terms benefit party original doctrine original doctrine consisted rules party obligations imposed terms contract second party benefit terms contract rule contested second described universally disliked criticised legal landscape second rule originally held valid 17th century parties allowed enforce terms contract benefited shown wood judgement stated party benefit promise bring action reversal mason vent court king bench found party rights enforce contract benefited case quickly reversed decisions immediately mason took view parties enforce contracts benefited years judicial decisions differed party enforce contract benefited issue settled confirmed party enforce contract benefited decision affirmed house_of_lords tyre ltd lord stated person party contract sue version doctrine commonly known original basic doctrine views original doctrine supporters original doctrine reasonable allow parties enforce contracts arguing allow rights original parties relation terminating contracts argument forward doctrine deliberately retained judges protect consumers exclusion clauses designed protect party manufacturers liability general view academics legal argument advanced original doctrine good law patrick argues doctrine came time rising trade designed commercial transactions encourage enterprise liability second rule party claim benefits contract widely criticised academics members judiciary legal professionals problem rule exceptions cases obviously intended party claim benefit uncle gave nephew business condition nephew pay uncle certain week event uncle death similar widow second argument undermine doctrine large number exceptions rule created acts parliament indicate parliament issue doctrine critics argued large number inconsistencies exceptions doctrine bad law provided reliable rule way law works theory hugely different way enforced courts doctrine found legal systems united_states doctrine came criticism academics judges including lord lord lord arthur early law revision committee recommended doctrine completely abolished act parliament lord called doctrine years regarded english private law stephen guest wrote said serves defeat legitimate expectations party social interest community security commercially doctrine judiciary developed ways times complex extremely artificial law relating agencies areas ideas contracts exceptions extremely limited way original doctrine trust arrangement owner property gives second party trustee manage behalf party situation house_of_lords decided les trustee ability sue owner property exercised behalf party known trust promise artificial bypassed doctrine trust exception heavily undermined decision requires court find evidence intent create trust promise simply requirement intention fiction allow courts enact trust exception estates uncle gifted nephew business condition nephew pay uncle certain week event uncle death similar widow uncle died nephew refused pay widow money required arguing party original agreement benefit court appeal lord tried use opportunity claim doctrine invalid house_of_lords rejected lords agree sue party contract husband estate acting representative doctrine apply claiming behalf second exception created jackson horizon holidays ltd jackson booked family holiday horizon holidays holiday match specifications given contract jackson sued horizon holidays company accepted liability claimed pay damages family doctrine meant allowed sue contract court appeal said loss enjoyment suffered family loss jackson paid family holiday received damages awarded created fairly limited circumstances party sue behalf party benefited contract contracts contract contract consideration entry subordinate contract exists main contract normally involves parties main contract way doctrine habit courts finding contracts allow injured party sue criticised artificial light contracts rights parties act use predicted decrease pier ltd products ltd pier having pier refurbished contacted painting company asked pier paint produced products based assurances paint seven years painters bought paint pier months paint completely contractual relationship products court appeal found like contract use sue use contracts limited courts find evidence imply kind contract consideration attempts courts added perception artificial device decision liverpool corporation contracts described invented consideration patrick fictitious certain commercial contracts goods sold consumers dealer automatically contract consumer manufacturer goods insurance contracts parliament bound common law result acts parliament create valid exceptions doctrine road traffic act motorists obliged party liability insurance means victims car accidents claim money driver fault original contract married women property act husband insurance wife children despite doctrine exceptions ways original doctrine created case law situations nature involve parties broadly speaking agency assignment instruments agency agency relationship parties principal agent contract behalf party agency situations agent contract party binding principal original contract right agent sort agreement found statute consumer credit act allows dealer financial company set credit agreements representative company argued true exception doctrine contract agent plays leaving agreement parties certain elements doctrine agency said clash circumstances principal sue party agent disclosed party acting agent principal situation party sued somebody idea involved contract assignment assignment area english contract law law real estate transfer rights party include right enforce debt situation party assigned debt sue despite contractual agreement permitted statute specifically law property act instruments instrument type contract allows transfer money parties person holding bank account gives party bank promises pay money contracts rights parties act doctrine significantly reformed contracts rights parties act received royal november removed universally disliked criticised legal landscape proposal reform doctrine law revision committee sixth interim report proposed act parliament allow parties enforce terms contract specifically allowed report acted late assumption parliament act reform come judicial sources particularly house_of_lords law commission published consultation paper contract contracts benefit parties proposed similar change final report draft bill published proposed changes supported legal profession academics alike bill finally introduced parliament january came law november provisions act come force act clear contracts month twilight period enforced act clear contract terms act section act allows party enforce terms contract situations firstly specifically mentioned contract authorised secondly contract benefit exception second rule contract makes clear party meant able enforce term shipping ltd ltd high_court decided situations questions second rule statement contract party claiming decision court decided simply arranging alternative way enforcing terms indicate act meant party identified member particular group need exist contract act specifically certain types contract contracts transport goods national lines fall international trade laws second situation party enforce terms benefit described broad view forward parliamentary debates situations complex construction contracts involving dozens sub contractors chains contracts argument proposal exempt construction industry act rejected law commission parliament section gives party chosen enforce act parties alter end contract party told wishes enforce contract relied contract knows expected known contract breached party rights party initial contract act consequences allowing parties enforce terms number exceptions basic rule unnecessary claiming behalf party seen jackson horizon holidays ltd repeal abolish exceptions allows courts accept cases based old common law exceptions act act specifically allows parties exempt provisions act contracts allowing way choose consideration argued distinct doctrine simply consideration consideration rule benefit involved contract initially come argued rule doctrine ways saying thing party contract saying gave consideration initial agreement attitude found decisions judiciary england wales decision provided consideration majority tyre ltd ltd based judgment similar point worth noting lord maintained judgement independent consideration rule english law person party contract sue general consensus distinct consideration judgment courts stated similar principle cases ltd midland ltd separate consideration supporters view consideration distinct doctrines strong relationship causes problems idea doctrine abolished idea parties claim benefits promises gave clashes doctrine consideration prevents parties contribute agreement


limitation act limitation act act parliament united_kingdom amended statute limitations allow actions cases injured party discovered injury standard date act based report davies committee limitation actions cases personal injury created court appeal decision case committee notably produced final report heard house_of_lords draft bill presented parliament given royal july came force day act allowed injured party bring claim outside normal statute limitations period aware injuries limitation period expired gained permission court series problems emerged including point house_of_lords unable clarify poor act repealed bit bit 1970s limitation act scrapping remaining sections background passing act exceptions normal statute limitations years events caused injury established law reform limitation actions etc act claim brought case mistake fraud case statute limitations months reasonably expected discover fraud mistake sons ltd sued developed working company poorly steel mills injuries sustained october discovered result injured party cause action injuries discovered years caused statute limitations years injury legally allowed bring case pursued claim attempt law changed decisions high_court court appeal court appeal decision committee limitation actions cases personal injury created justice davies produced report case got house_of_lords report published september recommendations found way limitation bill placed parliament passing house_of_lords lord suggested simpler amend limitation act acted act received royal july came force immediately act act created exceptions normal statute limitations addition previous ones fraud mistake introduced exception permission court gained bring case material facts case included facts decisive character aware statute limitations requirements fulfilled case brought long months finding facts decisive character principles applied injured party dead claim brought behalf estate leave refused open case decision appealed court appeal england wales provisions covered like situations cases injured party aware injuries connect true cause years injuries sustained act limited retrospective effect covered injuries happened act came force action brought judgment case act apply meaning act actually effect case problem repeal main problem act know method action standard limitation period apply house_of_lords opportunity resolve central ltd failed making decision confused court appeal harper national coal board said actually find ratio house_of_lords opinion act suffered drafting problems central lord described having strong claim distinction worst drafted act statute book act repealed series acts 1970s limitation act finally repealed remaining sections


united_states united_states case decided united_states supreme_court criminal procedure topic narrowly divided court overturned conviction nebraska man receiving child pornography mail ruling postal desire repeated written time court considered case outside realm controlled substance enforcement involving conduct recently relying exclusively defendant commit crime court appeared finally resolved lingering issue previous decisions subject decision seen rare triumph defendants conservative court frequently sided prosecutors guidelines federal law enforcement agents changed wake described having brought dead background case anti child pornography legislation early cases late 1970s federal laws specifically addressing production distribution possession child pornography readily available sought imported european countries produced large quantities domestic industry media popular outrage led congress pass unanimous vote sexual exploitation children act production sale child porn act signed law president jimmy carter february legislation supported unanimous decision supreme_court new_york images children need meet legal definitions prohibited government state interest protecting children harm amendment rights instance shortly update act child protection act illegal purchase pornographic materials depicting minors mail possess grounds encouraged child sexual abuse popular voters civil liberties advocates warned expanded scope laws result entirely innocent people little child porn industry parents taking photos videos children nude investigators forged ahead mid-1980s shut domestic child porn production government biggest form materials created buyers investigation arrest keith january united_states postal service great plains states began project looking glass sting operation newly enacted child protection act illegal send pictures nude minors mail purposes previously intended prosecuted ray inspector charge meant primarily intelligence gathering operation way producers distributors sent mail known ordered materials legal keith bachelor year old army turned farmer living elderly parents newman grove nebraska later describe bisexual said relations men previous year ordered magazines entitled bare boys bare boys electric moon adult san_diego california raided shut investigators decided send letter fictitious organization american society supposedly sought lobby right read desire right discuss similar interests share philosophy finally right seek pleasure restrictions placed outdated morality included attempting gauge interest including indicated average interest especially males stated opposed decided promising target left time later comfort prohibited specialist region found file government decided try time operation aimed sent mail fictitious organization data research believe sex complete awareness youthful sic age confessed interested teenage sexuality asked information kept confidential led getting mail institute new tomorrow hint organization founded protect promote sexual freedom freedom choice believe imposed legislative sanctions restricting sexual freedom rescinded legislative process writing response sexual freedom freedom press attack right wing thank note jean daniels hint came supposed list area similar interests possible pen wrote comfort pseudonym long wrote technique called claiming interests calculated similar believed held specifically equally interested depictions sex acts young boys said liked good looking young guys late teens early thing comfort explicit reference pornographic materials stopped writing letters evidence watched possessed child pornography dropped efforts renewed march united_states customs service sent similar material supposedly canada list responded placing order filled catalog far eastern trading company sent instead written material infringement sexual freedoms time ordered publication called boys love boys catalog said featured year old boys way oral anal heavy love boys read delighted june received card mail telling post office pick envelope supposedly contained boys love boys comfort observed got search warrant home basis arrested shortly months postal contacted lower court proceedings criminal trial indicted count receiving sexually explicit material depicting minor september trial federal court attorney george noted military service record including bronze star service korea vietnam war lack civilian criminal record drunken driving conviction raised defense testified shocked surprised contents bare boys collections received expected photos depict young boys thought type publication pictures rural outdoor setting didn draw sexual connection jury convicted april sentenced years imprisonment suspended years probation hours community service discharged painting school bus working library sell share family farm sister pay legal bills fired job driving school bus newman grove evidence approached children sexually lowered profile driving distant communities run routine nonetheless hometown supported caught sting newman grove local newspaper appeals panel judges heard case eighth circuit court appeals january senior judge chief judge lay overturned conviction grounds government insufficient grounds believe likely purchase material offering judge george said dissent colleagues declared war government power initiate undercover investigations reasonable suspicion need present operations place carry day federal prosecutors appealed entire court point judge majority saying demonstrate specifically protected right violated investigation conviction stand majority rejected defense arguing postal investigators merely provided opportunities purchase child pornography sought affect important element law way lay sole wrote separate opinions based different grounds argued fact shown breaking law life known prior purchases basis belief prosecutors purchases time legal act lay concluded evidence prior disposition break law way dissent similar original panel opinion arguing government reasonable belief purchase child pornography called investigative tactics sufficiently outrageous justify reversal view government investigation prosecution deliberate manufacture crime occurred postal service efforts create supreme_court case petition john paul stevens associate justice supreme_court supposedly picked case pile hopeless petitions reading justice white argument moving justices harry marshall stevens changed minds agreed accept regardless granted arguments court limited grant single issue question matter law federal defense federal level exists entirely case law federal courts recognized united_states 9th circuit supreme_court followed suit united_states court grounded defense called test prosecution overcome showing defendant commit crime event partial dissent argued instead objective standard focuses instead conduct law enforcement personnel involved crime occurred involvement repeated justices later decisions majority states chosen use objective method supreme_court held firm pre hearing public awareness case attracted national media attention civil liberties advocates supported worried saw dangerous growth government police powers reagan bush law enforcement cracked drugs pornography distribution behest religious right operation looking glass claimed convictions evidence found offenders involved producing child pornography children critics claimed government child porn problem best contributing worst possibly introducing consumers material developed taste subject minutes segment told mike wallace seconds looking downward broke ordered boys love boys wanted heavily buy postal inspector admitted successfully child porn producers business going consumers material interested parties sides filed group conservative republicans houses congress including dick henry national center missing exploited children argued conviction pointing nature undercover investigations fighting child pornography worrying requiring reasonable suspicion operations impossible americans effective law enforcement said reasonable suspicion required starting investigations looking glass american civil liberties union nebraska chapter national association criminal defense lawyers weighed behalf arguments argued supreme_court continued represent audience brief oral argument said mere stated interest sex young men rise level proving government evidence hand actually willing break law kenneth solicitor general maintained government brief opposing prior purchase bare boys magazines proof needed action legal time pressed undercover investigative techniques admitted government run shop way thieves despite lack evidence crimes occurred prior contact government oral argument justice responded suggesting interests person express recreational drugs willingness violate social norms regardless conduct illegal paul appeared government admit case law previously permitted prohibited point trying argue access defense government persuades actor legal prosecute told lost decision margin justices reversed conviction agreeing april reported rare cases decision changed arguments original poll justices showed majority white stevens holding white argued reversal fellow justices thomas replaced marshall changed minds suggested thomas later established reputation allowing wide latitude law enforcement similar contemporary republican especially sensitive time situation sexual harassment allegations raised hill recent confirmation hearings justice david later provided swing vote opinions white day connor begun drafting rewritten reflect changed outcome case majority white written acknowledged child pornography social evil government use undercover investigations enforce laws reviewing previous cases said years investigators tried buy child porn offerings suggested view government prove independent product attention government directed january bare boys purchases legal time prove willing break law acquire materials merely indicates generic act broad range criminal little value establishing wrote evidence sufficient illegal common understanding people obey law noted trial prosecution challenged assertion know magazines contain pictures minors received furthermore suggested appeals political action received given reasons interest order material suggested duty order way taking stand strong waving banner individual rights legitimacy efforts restrict availability sexually explicit materials government excited interest sexually explicit materials banned law exerted substantial pressure obtain read material fight censorship infringement individual rights evidence ready willing commit offense came government devoted years convincing right engage behavior law white dismissed notion responses surveys sent proved willing order child porn illegally saying indicated view photographs sex willingness promote given agenda supporting lobbying organizations responses hardly support commit crime receiving child pornography noted twice court suggested individual private fantasies government business strong interest enactment fantasies government quest convictions concluded leads law citizen left devices likely run law courts intervene dissent connor arguments justices proven fact ordered materials times actually court jury rightful role deciding expressed fears court definition viable defense case began stating minority relevant aspect case keith offered opportunities buy child pornography mail times ordered times asked opportunities buy needed government agent threaten persuade played sympathies friendship suggested committing crime greater good fact government agent contacted face face noted written note included order business company later wanted order protect majority said greatly expanded government burden proof undercover sting operations future investigations case defendant claim government agent crime created example claim description money available disposition accept bribe later offered drug buyer claim description drug purity effects created urge try time short court opinion read prohibit government advertising criminal activity sting operation fear creating suspects white claim calls activism possibly instrumental creating finds letters advocating legislative action laws letters easily ignored thrown away government claim organizing civil movement protest pornography laws breaking jury said decide meant said stand wanted trouble accused colleagues include awareness action undertaken illegal despite fact include specific intent receive child pornography element crime elements said track elements crime bare boys purchases argued majority claimed sentences responded white saying question jury properly instructed law decision claim allowed stand aftermath reaction new_york_times reporter greenhouse described initial verdict extreme government power innocent person led commit manufactured crime likely signal shift favor defendants period seen away warren courts law order oriented court newspapers country times chicago_tribune washington_post praised court decision hometown paper world herald sides political spectrum page william joined celebrating turn fate criticizing excessive zeal postal civil liberties advocates felt triumph law enforcement preceding decade state gets moral panic safe wrote bob political issues committee american writers union pointing people interest child pornography fallen newer laws taking possessing pictures naked children apparent sexual content pointed called horrific cost project looking glass targets middle aged nebraska farmer bob like list porn distributor despite having criminal record interest child porn including letters long finally ordered arrested indicted prohibited material found house drove field shot leaving wife children looking glass targets critics wondered investigators said expected worth comfort took life citing stresses job legacy opined paul marcus law professor william mary years later brought dead noted wake courts willing allow agree defenses influential sitting judge richard similar language year writing opinion new life defense significantly said appeals courts considering cases defendant willing commit crime examining closely cases previously rejected hand despite vows prosecutors heads federal law enforcement agencies decision change way undercover operations noticeable federal level later versions attorney general guidelines fbi undercover operations widely emulated federal agencies changes language published avoided avoided investigators told apparent activity investigating illegal corrupt definition included language decision authors effect case court attitude gay community person come court receive years earlier case doomed start basis subsequent lower court remains court current standard issue considered case similar sting operations continue widely types targets new ways significantly rise internet led operations investigators pose minors sex chat rooms trying online predators come meet person sex arrested operations popular viewing nbc catch predator segments television shows operations quickly result guilty pleas alleged protracted investigation florida man led internet case considered level writing ninth circuit majority arrest occurred california united_states 9th judge alex reversed conviction saying defendant met standard shown idea crossing state lines sex minor extensive email correspondence undercover fbi agent case resulting sting operation ruled federal court cut cloth constituted case thrown analysis commentary kenneth lord notes decision address objective test question observes decision adds new general rule prosecutors prove reasonable doubt defendant commit crime prior contact government agents conduct defendant legal time later illegal prove defendant evaluated based conduct prior commencement investigation makes effort address objective question discussion intent matter specific general intent appeals courts developed specific tests university arizona law professor chin points entire federal defense rests statutory construction allows possibility congress simply repeal modify operations suggestion criminal activity specifically authorized law majority shown wondered rule law challenged


singapore administrative law broad judicial review administrative action singapore procedural avoid acting illegally administrative body public authority correctly understand law regulating power act decisions effect broad heading divided sub case high_court public authority empowered particular course action decision exercised discretion empowered act court finds public authority exceeded jurisdiction exercised discretion act decision sub heading public authority considered having acted illegally legal basis action carried decision simple ultra specifically authority error concerning precedent fact precedent fact error authority comes conclusion absence facts exist presence facts exist power act decide cases falling second sub heading public authority satisfied factual legal conditions required exercising statutory power conferred acted illegally manner contrary administrative law rules grounds review available heading include authority acting bad faith acting basis evidence insufficient evidence making error material fact failing account relevant considerations taking account irrelevant ones acting improper purpose discretion fulfilling person substantive legitimate expectations introduction broad judicial review administrative action identified key english case council civil service unions minister civil service case procedural singapore inherited english administrative law independence singapore courts continue follow english cases court appeal singapore approved principle minister home affairs case lord formulated concept decision maker understand correctly law decision making power effect decision maker fails high_court empowered decision action taken determining decision maker acted illegally requires scope statutory powers rarely exercise prior courts united_kingdom drew distinction non errors law error law affected jurisdiction decision maker exercise statutory powers court error jurisdiction house_of_lords regarded having effectively away distinction foreign compensation commission holding cases tribunal jurisdiction enter inquiry failed course inquiry nature decision given decision bad faith decision power failed course inquiry comply requirements natural justice perfect good faith provisions giving power act failed deal question decided question refused account required account based decision matter provisions setting right account intend list decides question decision committing errors entitled decide question decide lord president council page house_of_lords expressed view rendered obsolete distinction errors law face record errors law extending doctrine ultra taken parliament conferred decision making power basis exercised correct legal basis law making decision rendered decision ultra case singapore produced similar opinion appears singapore courts adopt position statutes contain clauses grounds review broad heading termed weak broad general contrasted strong associated provincial picture houses corporation lord master rolls remarked person entrusted discretion speak direct properly law attention matters bound consider exclude consideration matters irrelevant consider obey rules truly said said acting types broad heading judicial review divided sub case high_court public authority empowered particular course action decision exercised discretion empowered act court finds public authority exceeded jurisdiction exercised discretion strike decision basis public authority empowered action decision simple ultra decision maker said acting ultra powers power purported basis law action decision ground judicial review termed simple distinguish broader conception ultra developed courts referred earlier essentially encompasses forms mentioned rest article simple ultra concerns exact powers conferred government ministers statutory bodies statutory interpretation arguably important exercise courts need engage determine scope powers laid statute cases decided fact specific depend court interpretation relevant statute making success judicial review somewhat unpredictable case attorney general corporation illustrates concept defendant statutory body establishing residents afford washing facilities subsequently established laundry service defendant declared acted ultra statutory purpose carry business business carried substantial loss statute question defendant power accordingly entitled succeed secretary state foreign commonwealth affairs case concerning removal indigenous people archipelago diego prohibition return government united_kingdom united_states construct large military base effected section immigration ordinance british indian_ocean territory enacted section british indian_ocean territory order states commissioner british indian_ocean territory laws peace order good government territory laws shall published manner commissioner direct high_court held ordinance ultra order removing people homeland regarded power laws territory peace order good government subsequently exclusion land order council british indian_ocean territory constitution order exercise royal legality order upheld house_of_lords secretary state foreign commonwealth affairs overruled earlier decision house_of_lords took view phrase peace order good government courts substitute view phrase required government laws simple ultra doctrine applied high_court singapore housing development board court determine housing development board power acquire flat sold housing development act section act stated board acquire flat house living accommodation sold subject provisions commencement housing development amendment act owner thereof authorised time commencement housing development amendment act acquired operation law title estate interest flat house building land emphasis added phrase authorised defined section act person named application board person intends reside flat house living accommodation sold sold board person authorised writing board reside alleged entitled seize flat authorised flat son acquired interest real property court held facts case son authorised defined act applied buy flat fact invited buy board given written authorization son reside flat court granted order action acquiring flat illegal flat instances statute clearly define kinds powers conferred relevant ministers statutory bodies case difficulty arise determining governmental action complained ultra case public prosecutor high_court determining powers conferred minister communications section road traffic act charged motor vehicles restricted zone area rules driving car restricted zone established singapore area licensing scheme having paid fee submitted successfully magistrate rules ultra section stated minister rules generally purpose carrying act effect power minister rules prohibiting motor vehicles road payment fee appeal public prosecutor high_court chief justice accepted submission rules intended reduce traffic congestion defined areas city scope section long title act indicated statute provisions regulation traffic roads things primary purpose rules collection fees regulation traffic flow chief justice disagreed submission rules ultra section empowered minister regulate road traffic prohibit entirely judge opinion rules wholly prohibit vehicles roads restricted zone merely regulated traffic entering remaining zone errors precedent facts distinction errors fact errors law suggested question fact involves matter concerning primary facts new witness people saw heard question law involves application statutory word phase facts distinction view taken courts simply regard matter involving error law wish adopt approach seek allow judicial review place case said courts generally treat errors fact committed public authorities differently errors law errors law regarded courts jurisdiction subject judicial review reluctance intervene errors fact alleged cases involving questions mixed fact law straightforward cases demonstrate genre case case london borough council held existence non existence fact left judgment discretion public body fact involves broad spectrum ranging obvious duty court leave decision fact public body parliament entrusted decision making power save case obvious public body consciously acting case interpretation housing homeless persons act public authority bore statutory responsibility providing homeless people accommodation house_of_lords ruled applicants married couple living children single room guest house homeless ordinary meaning expression entitled relief act precedent fact errors courts generally avoid reviewing errors fact decision error concerning precedent fact precedent fact error decision maker comes conclusion absence facts exist presence facts exist power decision legislation statute requires particular precedent fact exist decision maker exercise power conferred legislature absence fact exercise power specific type simple ultra discretion involved described precedent fact category case minister home affairs leading authority singapore law principle function court review power depends precedent fact involved citing case secretary state home department secretary state home department chief justice speaking behalf court appeal held scope judicial review executive decision depends precedent fact involved discretion falls outside precedent fact category scope judicial review limited normal judicial review principles procedural hand precedent facts involved scope judicial review extends deciding evidence decision judge noted power subject precedent fact depends construction legislation creating power open parliament express intention plain words discretion conferred public authority precedent fact category excluding judicial review discretion liberty person affected exercise discretion implicated facts case discretion conferred president minister home affairs sections internal security act trial persons believed threaten national security suspend held fall outside precedent fact category consequently court determining detention decisions violated administrative law rules relating procedural public authority exercised discretion public authority satisfied factual legal conditions required exercising statutory power conferred acted illegally manner contrary administrative law rules bad faith act decision public authority acted bad faith intentionally abused power reckless singapore court appeal held law society singapore tan neo attorney general use power bad faith purpose sufficient evidence prove bad faith mere suspicion inadequate court consider evidence explanation provided drawn explanation given context bad faith seldom relied ground review absent cases difficult prove evidence lack evidence exception general rule courts generally review errors law action taken decision basis evidence lack sufficient evidence error material fact situations intervention high_court action decision high_court case thin authority fact singapore public authority decision challenged ground based evidence insufficient evidence case court asked decision director general customs impose customs duty certain goods imported country allegedly exported judgment justice endorsed view lord secretary state education science metropolitan borough council court entitled existence facts evaluation test formulated requires court ask decision maker reasonably come decision evidence parallel reference key case properties minister housing local government held court appeal england wales material minister come decision acquire property question minister wrong court intervene lord justice forth higher threshold requirement clear evidence support decision compared test evidence justify reasonable person reaching conclusion public authority reached test line thin case judicial intervention evidence allow decision maker reached decision reasonably larger question ground evidence relates arguably established grounds judicial review high_court thin drew link ground relevant irrelevant considerations justice held insufficient inquiry director general satisfied ground lack evidence constituted failure account relevant considerations criticism ground review potential allowing court scope power consequently tribunal autonomy thin test recognizes court power evidence decision based permits court examine merits case departure traditional position court assessing legality decisions nonetheless lack evidence significantly affects outcome decision court willing exercise power judicial review intervene ground errors material fact high_court thin arguably recognized errors material fact ground review endorsed lord remarks judgment public authority requires existence certain facts court determine judgment proper self direction facts court interfere authority acted incorrect basis fact addition judgment court appeal england wales lord justice said judicial review exercised misunderstanding ignorance established relevant fact authority development followed singapore lord justice robert held secretary state home department home secretary error material fact constitutes separate ground review based principle laid requirements fulfilled establish mistake existing fact including mistake availability evidence particular matter secondly fact evidence established sense advisers responsible mistake mistake played material necessarily decisive tribunal reasoning law professor paul taken view effect home secretary courts intervene forms mistake fact development welcomed leading greater court intervention corresponding decrease autonomy initial decision makers time principles home secretary encompass inherent restraints limit courts scope intervention requirement fact evidence case complex judicial review limit potential challenges relevant irrelevant considerations high_court considerations relevant act decision taken account decision maker irrelevant ones ignored act decision stands subject administrative law rules having complied primary concern ground judicial review merits decision focus reasoning process decision reached context noted case law relevant considerations courts fringes difficult social economic choices arguably courts adopted position self restraint law relating relevant irrelevant considerations developed substantially opinion somerset county council lord justice simon brown identified categories considerations decision makers need aware clearly identified statute considerations regard second clearly identified statute considerations regard decision maker regard judgment discretion thinks right types consideration respectively called mandatory relevant considerations respect relevant considerations lord justice brown elaborated margin appreciation decision maker decide considerations play reasoning process subject principles question weight needs placed decision maker mandatory considerations addressed house_of_lords stores secretary state environment case involving planning permission speech lord reiterated courts concerned legality decision making process merits decision law clear distinction question material consideration weight given question law question planning judgment entirely matter planning authority provided planning authority regard material considerations liberty provided lapse weight planning authority thinks fit weight fact law regards material consideration involves view play decision making process failing account relevant considerations singapore case singapore society judicial review application illustrates decision maker acts incorrectly fails account relevant considerations disciplinary committee singapore society found guilty act default meaning section act incomplete report form signed advance accidentally submitted monetary authority singapore committee ordered suspended practice years appealed decision high_court basis committee taken account relevant considerations case arriving decision court concurred holding committee properly considered reviewed incomplete form manager instructed fill rest case signing blank form regard duties accordingly court allowed appeal set aside committee order house_of_lords considered relevance availability financial resources public authority decision gloucestershire county council barry court held relevant gloucestershire county council statutory duty provide home care services elderly people considered cost determining withdrawn instance lord said needs services assessed having regard cost providing person need particular type level service decided vacuum considerations cost expelled barry distinguished subsequent case east sussex county council reduction home tuition services provided east sussex county council young chronic fatigue syndrome challenged services reduced cut authority home tuition budget lord speaking house_of_lords noted statute question barry required decision maker assess needs disabled people arranging home care services provided necessary order meet needs statute listed services provided define needs meant surprising court laid availability resources criterion determining considered needs hand statute involved imposed authority duty arrange provide suitable education defined according wholly objective educational criteria financial resources mentioned circumstances judge held extent consideration relevant authority decision commented submitted authority lacked resources perform duty situation authority preferring spend money matters authority divert funds matters apply statutory duty taking account irrelevant considerations decision public authority subject judicial review authority took account irrelevant considerations arriving decision demonstrated tan neo minister finance case businesses wrote direct change business collections use time trade marks registered registry trade marks singapore proprietor trade marks company inc company incorporated united_states trade marks singapore american corporation appealed minister finance decision appeal dismissed subsequently applied order referred order decisions minister said based information obtained registered business motive riding reputation american corporation court noted test applied criticized evidence support conclusion arrived material times american corporation carried business singapore trade mark singapore reputation singapore relation business maintained registering business collections motive riding reputation american corporation minister things taken account irrelevant consideration coming respective decisions direct change business dismiss appeal direction accordingly court order decisions improper purposes basic principle applied courts statute grants power decision maker purpose unlawful decision maker exercise power purpose decision maker power unauthorized purpose case improper purpose ground judicial review considered leicester city_council leicester city_council banned rugby club leicester football club recreation grounds members club taken tournament south_africa time government south_africa practised council policy support club members travelled south_africa agreeing believed social barriers created broken maintaining sporting links country club members acted choosing participate tournament club permitting lord said use council statutory powers terminate club use recreation ground power council properly seek use statutory powers management statutory powers purposes club club wrong earlier celebrated case minister agriculture fisheries food group farmers pressed milk marketing board increase prices milk board refused farmers complained minister agriculture fisheries food section agricultural marketing act section minister power direct complaint considered committee investigation refused exercise statutory power provided reasons refusal farmers alleged misconduct minister house_of_lords held minister power act minister question effectively frustrated objects statute non exercise power based misunderstanding purpose power given parliament conferred discretion intention promote policy objects act minister act policy objects act example executive decision improper purpose seen home office case home secretary power television purported people pre rise licence fees buying licence old rate date fees old expired court held improper exercise home secretary powers power raise revenue power wrong purpose singapore high_court case public prosecutor appealed magistrate decision rules requiring people pay fee permit driving motor vehicles area city designated restricted zone ultra section road traffic act relevant stated minister rules generally purpose carrying act effect submitted primary purpose rules impose fee vehicles entering restricted zone section minister court disagreed holding act empowered minister rules regulate road traffic purpose rules question fee collection alleviate traffic congestion restricted zone fee imposed means adopted achieve desired purpose merely incidental law professor ann commented court judgment appears accept administrative measure need relate directly purpose statute incidental effectively gives public body great latitude manoeuvre means bare statutory purpose mixed purposes held public authority exercises statutory power number purposes unlawful applicable test deciding authority acted illegally unlawful purpose incidental exercise power dominant purpose unlawful primary dominant purpose authorized purpose administrative action held valid westminster corporation london north western railway statutory power provide public construct road built underground convenience parliament street near bridge street london access pavement street london north western railway company owned property parliament street bridge street objected construction lord considered corporation constructed subway means crossing street colour providing public wanted particular place authorized statute concluded corporation primary object construct public proper means approaching exiting scheme unlawful discretion illegal public authority decision making power strictly policy making decision basis person decision responsibility decision making process person application rigid policy authority discretion strictly policy guidelines general rule exercise statutory discretion shut ears application limits placed exercise discretion necessarily mean authority decision lines international holding singapore tourist promotion board issues singapore high_court port singapore authority discretion applying singapore cruise centre cruise ships month period fewer cruises cruise operator schedule consisted cruises cruises left singapore territorial waters returned singapore calling destination port tended mainly gambling purposes court held body exercising administrative discretion entitled adopt general policy guide exercising statutory duties powers having pass regulations laws provided following requirements met policy assessing policies fall foul rule court reject way administrative body formulated policy favour view discretion exercised furthermore policy court simply feels work effectively policy known affected persons administrative body prepared hear individual cases prepared deal exceptional cases court ruled requirements satisfied enforced willing consider representations cruise operators like circumstances required willing grant exception restriction rule number concessions fact acting power public authority permitted base decision person instruction ask decide behalf lines international alleged discretion acting conditions allocation following port singapore authority refuse allocation berth vessel gambling suppression branch criminal investigation department singapore tourist promotion board sic determine action necessary high_court agreed authority decide entrusted duty exercise discretion taking key factors consideration acted responsibility taking orders public authorities gambling suppression branch singapore tourist promotion board statutory duty facts case decision deny cruise ship taken legal principle laid lines international approved court appeal vehicles motors ltd found apply facts relevant issue vehicles order determine additional registration fee motor vehicles discretion adopting open market value singapore customs assigned vehicles court held adopting practice taken instructions customs permitted rule road traffic motor vehicles registration licensing rules exercise discretion determine value motor vehicles relying customs furthermore unlike situation lines international exercise judgment weighing factors determine cruise ship allocated space decided adopt customs determined applying mathematical formula needed exercise discretion instructions public authority customs substantive legitimate expectation law public authority prevented going representation individual receive continue receive substantive benefit kind legal right benefit representation gives rise legitimate expectation expectation arise promise authority consistent past practice expectation reasonable person conduct expectations legitimacy courts practical questions consideration determining effect legitimate interest legitimate expectation arisen result public body representation unlawful public body legitimate expectation appropriate remedy regards question urban redevelopment authority singapore high_court adopted conditions set smith judicial review 6th determine legitimate expectation created public body representation clear devoid relevant qualification induced conduct decision maker person actual authority applicable belongs class persons representation reasonably expected apply regards second question north east devon health authority court appeal england wales identified categories legitimate expectations category involves procedural legitimate expectations discussed form procedural categories relate substantive legitimate expectations category cases lie called political field public authority required bear mind previous policy representation giving weight thinks right deciding change course court review authority decision ground hand category cases usually expectation confined person people giving promise representation character contract assessing case court decides public authority expectation unfair amounts abuse power court weigh requirements individual interests relied authorities justify change policy slightly different approach adopted lord justice john laws secretary state education employment suggested categories sealed secretary state home department expanded taking approach public body promise practice future conduct denied circumstances public body legal duty response court judge judge having regard legitimate aim pursued public body public interest question concerned person convinces court substantive legitimate expectation frustrated usual remedy court order public authority expectation london borough council held decision question informed social political value priorities expenditure appropriate authority decision court order authority merely reconsider decision taking account person substantive legitimate expectation doctrine substantive legitimate expectation explicitly acknowledged singapore law public prosecutor singapore court appeal decide life imprisonment code meant imprisonment years prevailing understanding meant imprisonment remaining period convicted person natural life court concluded interpretation correct overruled interpretation took effect date judgment apply reasons court relied administrative law doctrine legitimate expectation recognized certain legitimate expectations certain circumstances protection acquire force legal right years life imprisonment years given rise legitimate expectation according individuals arranged affairs court ought effect expectation prior interpretation nonetheless court stated concerned judicial review deciding claim legitimate expectation prisons department future applying interpretation gave life imprisonment separate matter consideration husband joint owners semi detached house plot size square metres attached semi detached house plot size square metres urban redevelopment authority revised guidelines redevelopment semi detached houses permitting semi detached house converted detached house semi detached plot adjoining semi detached plot size square metres basis rejected application submitted husband demolish semi detached house replace detached house dissatisfied applied mandatory order approval granted arguments legitimate expectation proposal approved basis old guidelines words sought substantive legitimate expectation end high_court decided clear representation person actual authority promise officers acted way lead legitimate expectation redevelopment plans approved chief justice cautioned reading case implicit legitimate expectations enforced noted good reason judges singapore carefully stepping stone crossing river marine singapore town high_court entertain doubt doctrine substantive legitimate expectation singapore law discuss matter attorney general submissions issue cases singapore estate trust agencies singapore improvement trust council appeal straits settlements singapore public prosecutor singapore law reports reissue high_court singapore minister home affairs court appeal singapore archived original december thin singapore lines international holding singapore tourist promotion board singapore public prosecutor singapore archived original december urban redevelopment authority singapore jurisdictions british oxygen minister technology house_of_lords secretary state education science metropolitan borough council north east devon health authority court appeal england wales london borough council england wales secretary state home department england wales home secretary works september judicial review angst lecture singapore management university second year law students singapore academy law journal archived original december ann law administrative state tan kevin singapore legal system 2nd singapore singapore university press isbn articles david material error fact judicial review chris judicial review policies discretion public law chris december policies non principle principle substantive legitimate expectations rock hard place judicial review jones mistake fact administrative law public law kent michael december widening scope review error fact judicial review david delegation alter ego principle law quarterly review error fact ground judicial review law journal books cane peter making decisions rules substantive review introduction administrative law 4th oxford press isbn paul review fact evidence failure exercise discretion abuse discretion administrative law 6th london sweet isbn powers administrative law malaysia singapore 4th malaysia isbn substantive ultra introduction administrative law 2nd london publishing reproduced isbn archived original december current edition introduction administrative law 3rd london taylor francis isbn peter anthony gordon textbook administrative law 6th oxford new_york oxford_university press isbn wade william christopher jurisdiction fact law retention discretion abuse discretion administrative law 10th oxford oxford_university press isbn lord andrew catherine smith judicial review 6th london sweet isbn

Illegality in Singapore administrative law