Delegated Legislation- AS LAW OCR

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  • Created by: Brittany
  • Created on: 11-02-13 15:07

1. Define Substantive ultra vires.

  • If the case has been incorrectly decided.
  •  The content in the statutory instrument goes beyond what Parliament gave power to include
  •  The procedure set out in the enabling act for making the statutory instrument has not been followed
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2. If someone has been directly affected by the statutory instrument they can challenge it in the courts. The process for challenge is called a................

  • Staturoty Instrument
  • Judicial Review
  • Substantial Ultra Vires

3. In the Aylesbury Mushroom Case is the case declared Procedural ultra vires or Substantive ultra vires?

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  • Procedural ultra vires
  • Substantive ultra vires

4. Does the case of  Based on Associated Picture Houses Ltd –v- Wednesbury Corporation show unreasonableness?

  • No it shows Substantive ultra vires
  • Yes it does show unresonableness
  • No it shows Procedural ultra vires

5. What Act covers Delegated Legislation?

  • Parent/ Enabling Act
  • Delegation Act
  • DAL Act
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