Please enable JavaScript.
Coggle requires JavaScript to display documents.
Control of Delegated Legislation - Judicial Control/Review (Ultra Vires…
Control of Delegated Legislation - Judicial Control/Review
Basic Information
anyone may challenge the validity of DL if they are affected by it
the validity can be challenged in the High Court
this is known as judicial review
HC does not assess the merits of the piece of DL or the reasons why it was made
it reviews the DL to see if it is lawful
Ultra Vires
ultra vires = beyond the powers
if the HC finds that the DL is made beyond the authority or scope set out in the enabling Act, it can make a court order stating that the DL is ultra vires and void
void = no longer legally binding
types of ultra vires
procedural ultra vires
the piece of DL has not been made using the process specified in the parent Act
essentially about how the DL is made
:red_flag: Aylesbury Mushroom case
DL has not been made using the steps set out in the enabling Act
substantive ultra vires
piece of DL goes beyond the powers granted by the parent Act
so, substantive UV is concerned with the content of the DL and whether it falls within the limits set out in the parent Act
:red_flag: A-G v Fulham Corporation
goes to the substance of the DL
unreasonableness
DL declared ultra vires and void because it is unreasonable
:red_flag: Strickland v Hayes
How effective are the controls?
you have to go to court, which takes lots of time and money in order to go through judicial review
could end up with no change