controls on delegated legislation - courts Flashcards
1
Q
what is judicial review based on?
A
the doctrine of ultra vires which means ‘beyond their powers’
2
Q
what does the judicial review process allow?
A
parties to challenge the lawfulness of administrative decision making
3
Q
what 4 categories can the court determine whether a decision-maker has gone beyond their powers?
A
- procedural ultra vires
- substantive ultra vires
- unreasonableness
- inconsistency with the Human Rights Act
4
Q
what is the procedural ultra vires?
A
- an administrative body has failed to follow a procedure required under the legislation
5
Q
procedural ultra vires - Aylesbury Mushrooms case
A
- piece of DL was declared void because the requirement to consult with interested parties before making the rules had not been properly followed
6
Q
procedural ultra vires - R v Secretary of State for Health, ex parte U.S. Tobacco International Inc case
A
- ban on oral snuff held illegal, as during the consultation process the company was not given the scientific grounds on which the ban was made
- held: unfair consultation process can lead to the instrument being quashed
7
Q
substantive ultra vires
A
- and administrative body has use powers legitimately given to them for a particular reason for another unauthorised reason
8
Q
substantive ultra vires - Home Secretary ex parte fire brigades union cass
A
- HS made changes to the criminal injuries compensation scheme
- changes were held to be beyond the power given and were declared void
9
Q
unreasonableness
A
- an administrative body has done something that no reasonable body in the same situation would do
10
Q
unreasonableness - associated pitcher houses v wednesbury corporation case
A
- d wanted to restrict cinema access to children to improve school attendance
- held: local authority had not acted unreasonably or ultra vires in imposing the condition
- unreasonable test explained by Lord Greene has become a test in many areas of law
11
Q
Inconsistency with the human rights act
A
- an administrative body has used their legislative power in a way which goes against human rights act
- declared ultra vires
