Onstitutional and Administrative Law Coursework 2

ASSESSMENT DETAILS:


Coursework II (Fact analysis)  15%

COURSE CODE

LAW1098

COURSE TITLE

Constitutional and Administrative Law



Department of Law



Administrative Law  Ref/Def Coursework (15%): August 2009



AIMS:


To develop your problem solving skills

To develop your understanding of case law on judicial review

To develop your ability to apply the case law to the facts

To advise your client of the possible outcomes and remedies


OUTCOMES:

Demonstrate your understanding of the grounds of judicial review

Demonstrate your understanding of the constitutional principles underpinning judicial review

Demonstrate your ability to apply case law to the facts

Demonstrate your ability (please refer to rules regarding PLAGIARISM) to select the key sources to support your advice

Demonstrate your ability to present a well structured and concise advice

Demonstrate, in accordance with the guidance issued in the Legal Method course, skills in the use of correct citation



THE COURSEWORK PROBLEM


The Television Franchise Commission (TFC), set up under the Independent Broadcasting Act (the Act), is responsible for the granting of licences to operate various TV channels.

Bids were recently invited for Channel 10. The procedure to be followed by TFC in awarding licenses is set out in the Act (see relevant extracts set out below).

Each applicant is required to make a bid specifying the amount of cash it is prepared to pay for the licence. Subject to certain conditions contained in the Act concerning quality standards, the licence will be awarded to the applicant making the highest bid.

Your client, Greenwich Maritime TV (GMTV), has been informed that it has been unsuccessful in its application. TFC indicated that although GMTVs bid was the highest it failed the quality requirement. TFC refused to give the reasons for this failure, stating that the assessment of quality was solely in its discretion.

Your client makes the following points:

GMTV, in presenting its bid, followed the general guidance published by TFC under Section 3 of the Act, as to the kinds of programme required.

The successful applicant, Gross Enterprises PLC, announced at a recent press conference, that they proposed to provide a wide range of popular programmes such as quiz and games shows, soap operas, sport and cartoons. We know what the public wants and TFC, in awarding the licence to us clearly agrees”.

The Director of Gross Enterprises and the Chairman of TFC are known to be keen golfers and played together in the annual TV Celebrity Charity Golf Match.

Your client is determined to fight TFCs decision and has asked you whether there is any chance that it may be able to succeed in its bid for the Channel 10 licence by means of Judicial review.

Please advise.

Extracts from the Act:

General duty of TFC:

Section 2. It shall be the duty of the Television Franchise Commission to discharge its functions under the Act in the manner which it considers is best calculated to ensure the provision of such services which are of high quality and offer a wide range of programmes calculated to appeal to a variety of tastes and interests.”

Procedure to be followed by TFC:

Section 3. The Television Franchise Commission shall publish general guidance to applicants for the licence in question which contains examples of the kinds of programme whose inclusion in the service proposed by any such applicant would be likely to result in a finding by the Television Franchise Commission that the service would comply with the quality requirements.”
Award of Licence:

Section 4(1). Subject to subsection (2) below the Television Franchise Commission shall, after considering all the cash bids submitted by the applicants... award the licence to the applicant who submitted the highest bid.

(2). The Television Franchise Commission may award the licence to an applicant who has not submitted the highest bid where it appears to the Television Franchise Commission that the quality of the service proposed by that applicant is substantially higher than the quality of the service proposed by the applicant who has submitted the highest bid.”


Please follow the above instruction as precise as possible, thank you.
Please use as many refrences and sources as possible.