mini topics Flashcards
(15 cards)
ROL
- no sanction unless accordance w law
- equality no discrim
- no dictatorship, accountability
dicey
- absence of arbitrary power, limits eg judicial review
- equality
-law supreme, statue but also common law
von hayek
- acts of state governed by statue
eg safety of rwanda bill
Raz
- clear rules and procedures
- indep J
- open and fair hearings
- judicial review
law making
- act of parl thru both houses
- dele leg, parl gives powers and judges can challenge UV
- Judiciary, indep prevent arbitrary
orders in council parent act
civil contingencies act 2004
by laws enabling act
local authorities act 1972
stat instruments enabling act
statutory instruments act 1946
affirmative RP
If controversial, parliament will put an instruction in an enabling act that an affirmative resolution must be passed, must be debated and voted on before becoming law, SI must be approved within 28 days
negative RP
MP can put down a notion to annul delegated legislation within 40 days, after 40 days if no one has objected to the law then it becomes permanent
procedural UV
(aylesbury v mushroom)
if procedure was set out in enabling act, can challenge why it wasn’t followed
substantive UV
dele declared void if it exceeds given in statute
( R v sec of health) - told doctors to not prescribe viagra to save NHS costs
unreasonable UV
(wesnesbury principle)
when provision is drafted to wide to achieve purposes (smeaton v health sec) - allowing morning pill to be given without prescription, allowing miscarriages
immunity from suit case
(siri’s v moore) judge wrongly ordered someone detention but they acted in good faith
indep from case
(pinochet) won’t try cases they have a personal affiliation
