Judicial Controls
- Created by: Katie Beaumont
- Created on: 09-05-16 11:04
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- Judicial Control (JDpsIO)
- 1) J: Through JUDICIAL Review
- This occurs when Judges are asked to review and decide the DL as lawful or not.
- Defined by Lord Brown in Ex Parte Vijayatunga
- 'exercise of the courts inherit power at common law to determine whether action is lawful or not.'
- 2) D: Challenged under the DOCTRINE of Ultra Vires
- Ultra Vires - beyond the legal power or authority
- Procedural Ultra Vires
- Ultra Vires - beyond the legal power or authority
- Substantive Ultra Vires
- Procedural Ultra Vires
- Procedural Ultra Vires
- 3) I: Declare DL as INVALID
- where it is unreasonable
- Established in APPH v Wednesbury Corp
- Rules are considered unjust, in bad faith or so perverse, that no reasonable person would have made them.
- E.g. Strickland v Hayes Borough Council
- By-law of restricting singing was seen as unreasonable.
- 4) O: OTHER grounds for review.
- Where the DL imposes a tax
- Where there is a lack of consultation before the DL was passed.
- The DL conflicts with EU law.
- 1) J: Through JUDICIAL Review
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