Delegated Legislation: Controls of DL: Courts

Question 1

What is judicial review?

Answer 1

Check lawfulness
Citizen believes they have been affected by a regulation/by-law which was ultra vires, can apply to the QBD for a judicial review

Question 2

What will happen if a judicial review is granted?

Answer 2

Court issues injunction which stops the regulation/by-law whilst case is happening

Question 3

What are the types of ultra vires?

Answer 3

Procedural
Substantive
Unreasonable

Question 4

What is procedural ultra vires?

Answer 4

A procedure was set out in the EA, so citizen may challeneg if not followed

Question 5

What happened in Aylesbury Mushroom?

Answer 5

Minister of labour faield to follow correct procedure as he didn’t consult the Mushroom Growers Association
Declared void

Question 6

What is substantive ultra vires?

Answer 6

DL declared void if it allows something that the EA didn’t intend

Question 7

What happened in R (Ann Summers Ltd) v Jobcentre Plus

Answer 7

Job centre refused to advertise jobs but didn’t have authority so couldn’t reject

Question 8

What is unreasonable ultra vires?

Answer 8

AKA Wednesbury principle
A provision is drafted too wide to achieve its purpose

Question 9

What happened in Strictland v Hayes Borough Council?

Answer 9

Use of obscene language was prohibited in public and private
By-law was drafted too wide as it covered acts done in provate as well as public