在本案中,从法律的角度出发,埃伦就其理想场所的一些问题咨询了地方议会,实际上是以口头形式提出了信息自由请求,当然,她有权行使1982年《信息自由法》所赋予的“知情权”了解影响她选择的冥想工作室的环境的每一个细节。
近几个世纪以来,行政法体系的能力和复杂性都有了很大的进步。行使决策权可能会使公众受益匪浅,毕竟政府有义务为全体公民服务。但这种情况只有在权力按照有关规章制度和某些案件的具体案情行使时才会发生。
Law代写:CLW1000 Commercial商法IRAC
Issue
Ellen, as a proprietor, found a perfect terrace house for her meditation studio. Before she signed the lease contract, Ellen went to the local council to acquire information about the surrounding circumstances where she was about to start her business. She told the officer about the surrounding environment that was required of her suitable premises. The officer was busy at something else and gave her an affirmative answer, just by having a quick glance at the computer. Having faith in the reply, Ellen soon signed a lease contract, chose the house that she thought was ideal and started her studio, only to find that the place she chose was not at all an appropriate place for her to start her business. She was told that there was a program about to last at least 6 months creating great noise, entirely in violation of the required silent surrounding environment of her appropriate premises. Ellen has suffered a lot materially and psychologically and might never go on her career. The problem remains to be solved is that whether Elle has a claim against the council in relation to the advice she receives. More specifically, there are three problems that should be dealt with: what is the relationship between Ellen and the local council in relation to the advice? Has the council properly performed its duty? If the council failed to fulfill its responsibility, what is the scope of the damage Ellen can have a claim for?
Relevant legal backgrounds
Form a point of view, with the rapid development of business and society, information plays an increasing important role in our daily life. There is necessary for citizens to keep in touch with the newest information about the government as well as their own staff. "
Analysis of the case
In the case, from the angle of law, by consulting the local council about some problems of her ideal premises, Ellen was actually making a FOI request in an oral form, and of course, has the right, by exercising “the right to know” entitled by the Freedom of Information Act 1982, to know every detail about circumstances that influenced the place she chose to start her meditation studio.
Conclusions
The past few centuries has witnessed great progress in the capacity as well as complexity of the system of administrative law. The exercise of decision-making power might benefit members of the public a lot .After all, it is the obligations of the government to serve the whole citizens. But this kind of situations occurs only when the power is performed in accordance with relevant rules and regulations and the particular merits of certain cases.
Law代写:CLW1000 Commercial商法IRAC