Linux Environment

Question 1

In Meadows v. Minister for Justice, Equality and Law Reform [2010] 2 IR 701, at 721-722, Murray CJ stated: Judicial review is concerned with the Courts exercising their constitutional duty to ensure that powers, governmental and administrative are exercised within the law and the Constitution and…in a manner consistent with the rights of individuals affected by them. In exercising its jurisdiction to judicially review acts or decisions of the other branches of government, the Courts must, of course, respect the powers and functions conferred on the Executive and Parliament by the Constitution and by law…

Critically analyse the manner in which the Irish courts have reconciled the competing considerations of vindicating the rights of individuals affected by governmental and administrative decisions on the one hand, and respecting the powers and functions conferred on governmental and administrative decision-makers on the other. In your answer, make particular reference to the principle of curial deference and the doctrine of administrative unreasonableness.

Question 2

The company’s routine operational activities play a major role in the company’s viability and resilience, and your management has decided to focus on the associated operational risks. In addition, your company has also embarked in new projects to enhance their business scope. As the operations manager of your company, you are one of the key members of  the company’s overall Risk Management Team. You are to assist the operation director to oversee operational risks relating to the routine operations as well as the additional project risks, showing understanding of the overarching risk management approach by doing the following:
(a) Outline the structure of the company’s risk management team that oversee the overall risk management framework and approaches.
(b) Select an ad-hoc non-routine work process at your workplace.
(c) Select and form the risk assessment team appropriate for the selected work process.
(d) Search and review related past incident history within the company and industry sector. Supplement your findings with literature reviews, historical case studies and/or incident investigation reports.
(e) Carry out qualitative risk assessment of the selected work process utilizing at least TWO (2) different risk assessment tools and techniques to identify, analyse, and evaluate the associated hazard-risk.
(f) Search and review current good practices and safety/control technologies relevant to your selected work process. Supplement your findings with literature reviews, seminar or communities of practice sharing, and/or emerging technology;
(g) Discuss the impact of the associated hazard/risk and appropriate risk treatment. In your discussion, state the advantages, disadvantages and explain why and how the associated risk can be managed.
(h) Recommend the appropriate risk treatment. In your recommendation, state the advantages, disadvantages and explain why your recommendation is most appropriate.

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