court controls Flashcards
What are the two results of court controls
ultra vires and intra vires
What does intra vires mean
It is inside the powers of the enabling or parent act
What does ultra vires mean
It is outside the powers of the enabling or parent act
what are the three forms of ultra vires
procedural, substantial, unreasonable
What does substantial mean
they have went beyond the powers available to them
What case is used for substantial ultra vires
R v fire brigades
Explain R v fire brigades
changes were made to the criminal injuries compensation scheme which was beyond the power they had
What does procedural mean
Proper procedure was no carried out when making the delegated legislation
What case is used for procedural
Aylesbury mushroom case
Explain Aylesbury mushroom case
the mushroom growers association was not consulted which represented over 80% of the mushroom growers
What does unreasonable mean
the delegated legislation passed is unreasonable
What case is used for unreasonable
Wednesbury
Explain wednesbury
A cinema was allowed to operate so long as no one under the age of 15 was allowed in on sundays
