Controls of Delegated Legislation by the Judiciary

A table/page showing all the controls used for Delegated Legilsation by the Judiciary for AQA Unit 1

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Ben Williams ­ Law ­ Delegated Legislation ­ Judicial Controls ­ 18.11.10
Control What is it? Examples when used
Procedural Ultra Procedures laid down Agricultural, Horticultural
Vires in the Enabling Acts and Forestry Training
which haven't been Board v Aylesbury
adhered to ­ e.g. Mushroom LTD (1972) ­
consult a certain party AKA Aylesbury
Mushroom Case ­
didn't consult the correct
parties
Substantive Ultra When the content of AG v Fulham
Vires delegated legislation Cooperation (1921)
goes beyond the limits went beyond authority to
set out in the Parent wash clothes for others
Act Customs and Exercise
Commissioners v Cure
and Deeley Limited
(1962) ­ only allowed to
make laws about how tax
was collected, not actual
amount collected
Unreasonableness When the delegated Associated Provincial
legislation is to be Picture House v
declared unreasonable Wednesbury Corporation
­ no reasonable body (1948) AKA
would have made Wednesbury
them. Or affect Unreasonableness
personal interests of formed basis of this form
minister R (Rogers v Swindon
NHS Trust (2006) ­ not
allowed drugs for breast
cancer ­ declared
unreasonable
Other circumstances where the delegated legislation may be declared void:
Where it levies taxes
Where it allows subdelegation ­ no body to which lawmaking powers have been
delegated has power to delegate to another body
Where all interested parties have not been consulted as required by the
parent/enabling Act
Where the delegated legislation conflicts with European Legislation
Effectiveness of judiciary control:
Courts dependant on cases being bought before them
To question must have money + knowledge of law in first place to question

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Ben Williams ­ Law ­ Delegated Legislation ­ Judicial Controls ­ 18.11.10
Can only declare void if found goes against Parliament ­ cant amend it
Prerogative Orders:
Can do normal of: Remedies ­ Damages (money) ­ Injunction (stop e.g.…read more

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