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Law Delegated Legislation > Control By Judiciary > Flashcards

Flashcards in Control By Judiciary Deck (6)
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Point 1


- 2

- validity if DL can be challenged in the courts
- any one who is affected by it may apply to courts under the judicial review procedure

1

Key Term: ultra vires

Goes beyond the powers granted by Parliament

2

Point 2


- 2

- DL will be invalid if it's ultra vires
- = declared void and ineffective

3

Point 3


- 2
And example

- Can be in form of procedural ultra vires
- where a public authority has not followed the procedures set by enabling act for creating a DL

E.g Agriculture Training Board v Mushrooms LTD = failure by minister of Labour to consult interested parties

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Point 4

- 2
And example

- a claim of Substantive ultra vires
- = when DL goes beyond the powers granted by enabling act

E.g AG v Fulham Corporation = and act allowed by local authority to open facility so people could wash their clothes BUT corporation did washting for them = went beyond their power

5

Point 5


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- decision may be unreasonable
- = the rules are unjust/made in bad faith

E.g Strickland v Hayes = a by-law prohibiting the singing of obscene songs