Controls on Delegated Legislation by Courts

Question 1

What are the controls on Delegated Legislation by Courts?

Answer 1

1. Procedural Ultra Vires
2. Substantive Ultra Vires
3. Unreasonableness
4. Inconsistency with the Human Rights Act

Question 2

Explain Procedural Ultra Vires

Answer 2

Failed to follow a procedure
Case: Aylesbury Mushrooms

Question 3

Explain Substantive Ultra Vires

Answer 3

Used powers given legitimately for unauthorised reason
Case: Home Sec Ex Parte Fire Brigades Union

Question 4

Explain Unreasonableness

Answer 4

Done something no reasonable person would do in same situation
Case: Associated Picture House v Wednesbury Corporation

Question 5

Explain Inconsistency with Human Rights Act

Answer 5

Used legislative power in a way which goes against the Human Rights Act