Court Control Flashcards
What are intra vires
Means nothing is incorrect and everything is within the power
What are the ultra vires
Procedural
Substantative
Unreasonable
When is substantative used?
When something goes beyond the power
When is procedural used?
When something goes against the procedure in the enabling act
When is unreasonable used?
When there is an unreasonable or ridiculous procedure/policy
Substantative case
R v Home secretary exp fire brigade union
Unreasonable case
Strictland v hayes
Procedural case
Aylesbury mushroom
What is thr R v Home secretary exp fire brigage union case?
Home secretary made changes to criminal injurues compensation scheme which went beyond the power
What is the strictland v hayes case?
.Bylaw passed that prohibited singing/reciting and obscene song/ballad and the use of obscene language in general
.Held as unreasonable because it covered acts that were public and private
What is the aylesbury mushroom case?
.minister failed to consult mga (85% of all mushroom growers) when he needed to ask any organisation that would be representative
.his order in council was invalid