A03 Controls On Delegated Legislation By Courts 6/14

Question 1

Adv Controls Courts (jud review)

Answer 1

✅ Judicial Review can declare a bad law void
❌ Relies on someone starting a case in the QBD
- Most people are unaware of DL + don’t know how to challenge
- Process is very long and costly
- Legal funding likely not available (even less likely to challenge -> less effective)
- Contradicts with ROL (unequal + unascertainable)

Question 2

Adv Controls Courts (ultra vires)

Answer 2

• ✅ Idea of Ultra Vires allows courts to control DL when beyond power❌ Potential for UV is limiting
  • Wide breadth of enabling acts gives ministers lots of powers and discretion
  • Easy for minister to justify legislation and hard to prove beyond power
  • Lack of justice, court controls ineffective,
  • Conflicts with Sep of Powers

Question 3

Adv Controls Courts (executive)

Answer 3

• ✅ Judicial Reviews does hold the Executive to account and government usually accepts the court’s rulings❌ Courts can be reluctant to ‘stand up to the Government’ due to the Supremacy of Parliament
  • Conflicts with Sep of Powers, Parliament may have too much power if judiciary don’t want to challenge them

Question 4

Dis Controls Courts (tests)

Answer 4

• ❌ Claimants wishing to use Judicial Review must pass stringent legal tests
  
  • Deters and excludes people from challenging DL
  • Conflicts with ROL (unascertainable)
  • Bad DL may stay affecting people
  • Conflicts with Sep of Powers (lack of people who can challenge faulty legislation)