Judical Control Flashcards
Who can used judicial review in the QBD of the high courts
Anyone effected by delegated legislation
What does judicial review do
Check for anyone acting ultra vires and challenges the delegated legislation then can declare it invalid
Name a case where a body has gone beyond its powers
Under ware case
Attorney general v Fulham corporations
Case details of attorney general v Fulham copper ions
Under a scheme public clothes washing facilities could be provided for residents, went to judicial review as act ultra vires as charging public for employees to wash
The council had no authority to wash clothes and was ruled to be acting
Substantive ultra vires
Bad language case
Stricklands v Hayes
Case details of Stricklands v Hayes
By law prohibited observe language was unreasonable as it applies everywhere even people’s homes
What was Stricklands v Hayes found to be
Unreasonable ultra vires
Mushroom case
Aylesbury mushrooms
Case details of Aylesbury mushrooms
SI was challenged as letters sent to growers was not sent to members of mushroom growers society despite having 85% of mushroom growers
What was Aylesbury mushroom found to be
Procedural ultra vires
If a delegated legislation is invalid it can issue these prerogative orders
Quashing order, mandatory order or a prohibition Order
What does a quashing order do
Quash a previously made decision
What does a mandatory order do
Order that a particular course of conduct should be followed
What does a prohibition order do
Order that a course or action can’t be followed
