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Flashcards in Court controls Deck (9)
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1

What does intra vires mean?

Within the powers of the parent/enabling act

2

What does ultra vires mean?

Outside of the powers of the parent/enabling act

3

What are the three kinds of ultra vires?

Substantive
Unreasonable
Procedural

4

Case for Substantive

R v home secretary exp fire brigade union

5

Case for Unreasonable

Strictland v Hayes BC

6

Case for Procedural

Aylesbury mushroom

7

Explain R v home secretary exp fire brigade union

The home secretary made changes to the criminal injuries compensation scheme and the changes went substantively past the powers of the criminal justice act (the parent/enabling act)

8

Explain Strictland v Hayes BC

A bylaw was proposed prohibiting the singing or reciting of any obscene ballad or song or any obscenities at all. It was held to be so unreasonable as it affected private as well as public spheres. It was too widely drawn

9

Explain Aylesbury mushroom

Minister failed to consult the aylesbury mushroom growers association which made up 85% of all mushroom growers. He had to do this as it meant if he didn't his law would be void, which it was in relation to that topic area