Judical Controls Flashcards
Judicial
Court
What is ultra vires
Gone beyond permission stated in enabling act provision
What happens to successful ultra vires claim
Judicial review means DL is void and no longer legally effective as quashed by courts
Judicial review
King bench division
Challenge legislation due to being ultra vires
Types of ultra vires
Substantive
Procedural
Procedural
Correct procedure set out in enabling act is not followed
Procedural cases
Aylesbury mushroom case
Did not consult effected business
Substantive
Body has no power in enabling act
Acting beyond what is authorised
Substantive case
At V Fulham
By law to make washing facilities for homeless so made washing machines but enabling act meant showers
Wednesbury Unreasonableness
When so unreasonable or irrational that no reasonable body would impose it then it will be ultra vires and void
Wddnesbury case
Ban children in cinema on Sunday due to over crowding - judge found unreasonable and voided it
Effectiveness of judicial review
Must be brought by public
Expensive - detter and not equal before law
Unknown
Only voids and does not allow for amendments
Ineffective judicial review
Allows citizens to take action and hold gov accountable
Object to unfair treatment
Uphold separation of powers as judiciary can act as check on parliament
Ultra vires disadvantage
Can only be voided not amended even if only small
Ultra vires advantage
Quash Dl that is made illegal or that it irrational
