Public Law Essay Example | Topics and Well Written Essays - 2000 words - 4

Public Law - Essay Example She places a notification about the forthcoming meeting (to be held on  April 7th) in the Jesmond Times newspaper on  April 4th. At the meeting, Joanna is told about the Wilton rabbit that lives in the forest, and so she decides to designate it as a protected area.   (a) The Access to the Countryside Association (ACA), who claim that they should have been consulted and were not; that the consultation process was, more generally, inadequate; and that the Wilton rabbit is found throughout the North East and is not rare. Pursuant to the Protection of Rare Animals Act, the Secretary of State is under no obligation to consult any particular group of people when it comes to decision making. The Act gives her discretionary powers regarding who to consult with prior. However, it is important that ACA looks at the provisions of the Act and consider what it says with regard to the required period of notice and if the proceedings are governed by strict rules of presentation of evidence. If the legislation is silent on those matters, the rules of natural justice require that adequate notice be given and person(s) with special interest in the decision be given an opportunity to be heard. According to American Iron & Steel Institute v. Environmental Protection Agency1, adequacy of notice can be determined by the fact that it fairly notifies any interested parties so that they can have an opportunity to air their views. However, inadequacy of the notice given does not automatically invalidate the final rule on grounds that the final rule adopted is different from the original proposal. This was as held in the above mentioned American Iron and Steel case. If it happens that the decision maker adopts a final rule that substantially differs from the original proposal, the courts will take it upon itself to analyze the adequacy of the original notice in a two part test. The first is whether the final rule can be considered a logical outgrowth