Judicial Controls

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  • Created on: 08-05-10 15:38
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(Judicial Controls)
DL can be challenged in the courts if it is found to be ultra vires ­ if it goes beyond the
powers granted by Parliament in the Enabling Act. The process of challenging the DL is
known as a Judicial Review and it will be heard in the QBD (Queen's Bench Division) of
the High Court. This process takes place after the DL has been made. If the Judicial
Review is successful, the DL will be declared void.
DL was declared void in R v Home Sec, ex parte Fire Brigades Union where the
Home Secretary had gone beyond powers in the Criminal Justice Act 1988 when
changing values in the Criminal Injuries Compensation Scheme. DL might also be
declared void where the DL attempts to make unreasonable regulations, e.g. in
Strictland v Hayes BC a bylaw tried to prohibit singing or reciting obscene language
but was considered to be unreasonable. DL may also be declared void if it attempts to
levy taxes or subdelegate.
Procedural ultra vires means the procedure set out by the Parent Act has not been
followed. E.g. Aylesbury Mushrooms where the minister's failure to consult the
Mushroom Growers Association meant he had not followed the correct procedure so
the regulation was void.
Substantive ultra vires means the DL goes beyond what Parliament intended. E.g. R v
Sec State for Education, ex parte NUT the changes made to teachers pay went
beyond the enabling Act (Education Reform Act 1996) and was void.

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