CONTROL BY COURTS🏛 Flashcards
1
Q
- judicial review is…
A
- based on the DOCTRINE OF ULTRA VIRES which means ‘beyond their powers’
2
Q
- this process…
A
- allows parties to challenge the lawfulness of administrative decision-making
- court can determine whether a decision-maker has gone beyond their powers in 4 broad categories
3
Q
PROCEDURAL ULTRA VIRES - definition
A
- an administrative person/body has failed to follow a procedure required under the legislation
4
Q
PROCEDURAL ULTRA VIRES - case
A
- Aylesbury Mushrooms
- piece of DL declared void because the requirement to consult with interested parties before making the rules hadn’t been properly followed
5
Q
SUBSTANTIVE ULTRA VIRES - definition
A
- an administrative person/body has used powers legitimately given to them for a particular reason for another unauthorised reason
6
Q
SUBSTANTIVE ULTRA VIRES - case
A
- Home Sec Ex Parte Fire Brigades Union
- HS made changes to the criminal injuries compensation scheme
- changes held to be beyond the powers given and were declared void
7
Q
UNREASONABLENESS - definition
A
- an administrative person/body has done something that no reasonable person would do in the same situation
8
Q
UNREASONABLENESS - case
A
- Associated Picture Houses v Wednesbury Corporation
- D wanted to restrict cinema access to children to improve school attendance
- held: local authority hadn’t acted unreasonably or ultra vires in imposing the condition
unreasonable test by Lord Greene has become a test in many areas of law
9
Q
INCONSISTENCY WITH HUMAN RIGHTS ACT - definition
A
- an administrative person/body has used their legislative power in a way that goes against the Human Rights Act
- would be declared ultra vires
