Judicial Controls On Delegated Legislation Flashcards
What is required before judicial controls can come into play?
The affected party must apply to the Queens Bench Division of the High Court for a judicial review.
What could the review find?
Find the delegated legislation to be ultra vires
What does ultra vires mean?
Beyond the powers
What happens if the delegated legislation is found to be ultra vires?
It is void
What is procedural ultra vires
The secondary body has exceeded its powers and failed to follow the procedural instructions in the parent Act.
Substantive Ultra Vires
The secondary body has gone beyond the powers granted to it and made more regulations than permitted
What is the other way that judicial review can make a piece of legislation void?
Because it is ‘outrageous in its defiance of logic’
What is the case for ‘outrageous in its defiance of logic’
Picture Houses v Wednesbury
