Delegated Legislation - Judicial Controls Flashcards
1
Q
What are the 3 types of Court Control on DL?
A
Substantive Ultra Vires
Procedural Ultra Vires
Unreasonableness
2
Q
What is Substantive Ultra Vires?
A
DL goes beyond the powers set out in Enabling Act
R V Home Secretary, ex parte Fire Brigades Union
3
Q
What is Procedural Ultra Vires?
A
The Correct procedure to make DL was not followed
The Mushroom Case
4
Q
What is unreasonableness?
A
It is defined as: a decision which no reasonable public body could have made
5
Q
Give 2 ways in which court controls are effective.
A
1) Anyone can bring a case against DL
2) The courts can strike down DL if it is Ultra Vires
6
Q
Give 2 ways in which court controls are ineffective
A
1) Someone has to bring a case to court
2) Legal Aid is rarely available
