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judicial controls over delegated legislation - Coggle Diagram
judicial controls over delegated legislation
irrationality
maker of delegated legislation does something which "no reasonable authority" would do
Associated Provincial Picture Houses v Wednesbury Corporation (1948)
Enabling Act: Sunday Entertainments Law 1932 granted local authorities the right to license certain activities on a Sunday
Facts: A cinema company was granted a licence by the local authority using a bylaw, but on condition that no children under 15 were admitted to the cinema on Sundays.
Result: The condition imposed within the bylaw was not “so unreasonable that no reasonable authority” would have done it. Therefore the bylaw was valid.
Substantive ultra vires (illegality)
maker of delegated legislation goes beyond what is permitted under the enabling act
R v Home Secretary, ex parte Fire Brigades Union (1995)
Enabling Act: Criminal Justice Act 1988– gave the government minister powers, but insufficient powers to amend the Criminal Injuries Compensation Scheme
Facts: The minister introduced a SI changing the Criminal Injuries Compensation Scheme
Result: The SI was declared void.
procedural
the maker of the delegated legislation fails to adhere to some technical or procedural requirement of the enabling act
Agricultural Horticultural and Forestry Industry Training Board v Aylesbury Mushrooms Ltd (1972)
Enabling Act: Industrial Training Act 1964 stated that the Minister of Labour must first consult organisations “representative of substantial numbers of employers engaged in the activity concerned” before implementing any SI under the Act.
Facts: The Minister used a SI to set up an Agricultural Training Board and consulted the National Farmers’ Union. The court had to decide whether the Agricultural Training Board could regulate mushroom growers. 85% of mushroom growers were members of the Mushroom Growers Union rather than the National Farmers’ Union.
Result: The SI was void insofar as it related to mushroom growers, as the Mushroom Growers’ Union had not been consulted.
effectiveness
the person making the challenge will have to have 'standing' or an interest in the action or be directly affected by the legislation or decision
a court does not have the power to strike down a piece of legislation due to the principle of Parliamentary Supremacy - can only check that a piece of legislation has been ,ade in accordance with the requirements of the parent Act
it is positive that an individual person has the ability to challenge a piece of delegated legislation, however, there are some limitations
an action will have to be launched within three months of the funding or legal aid available to afford to take such action will be limited and there will be minimal time to appeal for crowdfunding