Flashcards in Court controls Deck (9)
What does intra vires mean?
Within the powers of the parent/enabling act
What does ultra vires mean?
Outside of the powers of the parent/enabling act
What are the three kinds of ultra vires?
Case for Substantive
R v home secretary exp fire brigade union
Case for Unreasonable
Strictland v Hayes BC
Case for Procedural
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)
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