Judicial Controls

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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
      • 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.

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