Court controls

Question 1

What does intra vires mean?

Answer 1

Within the powers of the parent/enabling act

Question 2

What does ultra vires mean?

Answer 2

Outside of the powers of the parent/enabling act

Question 3

What are the three kinds of ultra vires?

Answer 3

Substantive
Unreasonable
Procedural

Question 4

Case for Substantive

Answer 4

R v home secretary exp fire brigade union

Question 5

Case for Unreasonable

Answer 5

Strictland v Hayes BC

Question 6

Case for Procedural

Answer 6

Aylesbury mushroom

Question 7

Explain R v home secretary exp fire brigade union

Answer 7

The home secretary made changes to the criminal injuries compensation scheme and the changes went substantively past the powers of the criminal justice act (the parent/enabling act)

Question 8

Explain Strictland v Hayes BC

Answer 8

A bylaw was proposed prohibiting the singing or reciting of any obscene ballad or song or any obscenities at all. It was held to be so unreasonable as it affected private as well as public spheres. It was too widely drawn

Question 9

Explain Aylesbury mushroom

Answer 9

Minister failed to consult the aylesbury mushroom growers association which made up 85% of all mushroom growers. He had to do this as it meant if he didn’t his law would be void, which it was in relation to that topic area