Judicial control on delegated legislation Flashcards
(11 cards)
What is judicial review?
When courts examine if government decisions are legal and fair because otherwise it will be ultra vires and made void.
What does ultra vires mean?
‘Beyond one’s powers’.
What are the 3 types of ultra vires?
Substantive ultra vires
Procedural ultra vires
Unreasonable ultra vires
What is substantive ultra vires?
When the delegated legislation goes beyond the powers set out in the Enabling Act.
What is an example of substantive ultra vires?
R v Home Secretary, ex parte Fire Brigades Union.
What is procedural ultra vires?
When the correct procedure for making the delegated legislation has not been followed.
What is an example of procedural ultra vires?
The Aylesbury mushrooms case.
What is unreasonable ultra vires?
When the delegated legislation is said to be ultra vires on the grounds that it is unreasonable.
What is an example of unreasonable ultra vires?
Strickland v Hayes Borough council.
What are advantages of judicial review?
Allows individuals to object to unfair treatment and hold the government to account.
What are disadvantages of judicial review?
Only works if person has the knowledge and money to bring a claim.
