control by courts and parliament

Question 1

what is controlled by courts

Answer 1

ULTRA VIRES
SUBSTANTIVE ULTRA VIRES
PROCEDURAL ULTRA VIRES

Question 2

ultra vires meaning? unreasonableness?

Answer 2

BEYOND THE POWER

• DL made is so unjust that no reasonable body could’ve made it
• > eg, in Strickland, they wanted to prohibit the use of obscure language in singing in both public and private which is unreasonable

Question 3

substantive ultra vires

Answer 3

powers given have been exceeded

- Cure Deeley (only allowed to take taxes but they raised them and fined people)

Question 4

procedural ultra vires

Answer 4

minister has NOT followed procedures set out in the parent (enabling) act
-> eg, Aylesbury Mushroom case (didn’t consult mushroom growers organisation which represents 85% of all mushroom growers)

Question 5

parliament control consists of?

Answer 5

checks on enabling/parent act
affirmative resolution procedure
negative resolution procedure
scrutiny committee
questions by MPs of ministers

Question 6

checks on enabling/ parent act

Answer 6

parent act can limit powers given at different stages, limits are set in Parent act and also set out procedures

Question 7

affirmative resolution procedure

Answer 7

some SI (statutory instruments ) need to be approved by parliament through voting before they become law

Question 8

negative resolution procedure

Answer 8

DL automatically becomes law unless rejected by parliament within 40 days

Question 9

scrutiny committee

Answer 9

joint select committees on SI are also called this, they review all SIs and if they spot a problem, they can refer this to Parliament to review

Question 10

questions by MPs of ministers

Answer 10

individuals ministers can also be asked questions by MPs in parliament