Control By Judiciary

Question 0

Key Term: ultra vires

Answer 0

Goes beyond the powers granted by Parliament

Question 1

Point 1

• 2

Answer 1

• validity if DL can be challenged in the courts

- any one who is affected by it may apply to courts under the judicial review procedure

Question 2

Point 2

• 2

Answer 2

• DL will be invalid if it’s ultra vires

- = declared void and ineffective

Question 3

Point 3

• 2
  And example

Answer 3

• Can be in form of procedural ultra vires
• where a public authority has not followed the procedures set by enabling act for creating a DL

E.g Agriculture Training Board v Mushrooms LTD = failure by minister of Labour to consult interested parties

Question 4

Point 4

• 2
  And example

Answer 4

• a claim of Substantive ultra vires
• = when DL goes beyond the powers granted by enabling act

E.g AG v Fulham Corporation = and act allowed by local authority to open facility so people could wash their clothes BUT corporation did washting for them = went beyond their power

Question 5

Point 5

-

Answer 5

• decision may be unreasonable
• = the rules are unjust/made in bad faith

E.g Strickland v Hayes = a by-law prohibiting the singing of obscene songs