The Court Controls Over Delegated Legislation

Question 1

How do the courts have control ivermectin delegated legislation

Answer 1

A piece of delegated legislation can be challenged by the kings Bench division which are usually heard by two judges
The person making the challenges should have sufficient standing or interest in the case and should be directly affected by the piece of secondary legislation

Question 2

What are procedural ultra vires

Answer 2

When the correct procedure set out by the enabling act has not been followed

Question 3

What is a case example of procedural ultra vires

Answer 3

Aylesbury mushroom case
The minister of labour failed to consult the organisations that represented a number of employers about changes to the law
The order set up was then invalid

Question 4

What is meant by substantive ultra vires

Answer 4

This is when a rule making body has no substantive power under the enabling act to make the rules in question

Question 5

What is a case example of substantive ultra vires

Answer 5

R v home scecratary
Changed my by criminal injuries compensation scheme by Home Secretary were said to have gone beyond powers set out by criminal justice act 1988
This meant the change of rules was made as substantive ultra vires

Question 6

What is meant by wednesbury unreasonableness

Answer 6

When a decision is so unreasonable that no reasonably body or authority would ever consider Imposing it
If thus test is met then the decision is ultra vires and void

Question 7

What is a case example of wednesbury unreasonableness

Answer 7

Rogers v Swindon NHS trust
A woman with breast cancer er was provided a drug which was not appproved. As her case was not exceptional the decision was considered to be unreasonable and ultra vires