Judicial Controls on Delegated Legislation (judicial review) A01

Question 1

Define judicial review

Answer 1

An individual may challenge the decision or action of a public body in the KBD of the High Court

Question 2

Define ‘ultra vires’

Answer 2

beyond power

Question 3

What happens if the court find delegated legislation is ultra vires

Answer 3

will be declared void

Question 4

What are the 3 types of ultra vires

Answer 4

Procedural
Substantive
Unreasonableness

Question 5

Define procedural ultra vires

Answer 5

procedure in enabling act not followed

Question 6

Case for procedural

Answer 6

Aylesbury Mushrooms - minister under a duty to contact association before establishing a training scheme, no consultation = UV

Question 7

Define substantive ultra vires

Answer 7

powers not identified in the enabling act were used (beyond their power)

Question 8

Case for substantive

Answer 8

R [Ann Summers] v Job Centre+ - job centre refusing to advertise vacancies → not in their power = UV

Question 9

Define unreasonableness

Answer 9

public body acted in a way no reasonable public body would

Question 10

Case for unreasonableness

Answer 10

Picture Houses v Wednesbury - acted reasonably = not UV