Court Control Flashcards

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1
Q

What are intra vires

A

Means nothing is incorrect and everything is within the power

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2
Q

What are the ultra vires

A

Procedural
Substantative
Unreasonable

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3
Q

When is substantative used?

A

When something goes beyond the power

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4
Q

When is procedural used?

A

When something goes against the procedure in the enabling act

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5
Q

When is unreasonable used?

A

When there is an unreasonable or ridiculous procedure/policy

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6
Q

Substantative case

A

R v Home secretary exp fire brigade union

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7
Q

Unreasonable case

A

Strictland v hayes

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8
Q

Procedural case

A

Aylesbury mushroom

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9
Q

What is thr R v Home secretary exp fire brigage union case?

A

Home secretary made changes to criminal injurues compensation scheme which went beyond the power

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10
Q

What is the strictland v hayes case?

A

.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

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11
Q

What is the aylesbury mushroom case?

A

.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

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