Judicial control

all you need for a good judicial control essay

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What is Judicial Review?
Judicial is where the high court reviews a decision of a body to ensure that the rules of natural justice have been followed, e.g all parties were given opportunity to put their case forward.
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What is Ultra Vires?
Judges can find a piece of D.L ultra vires: beyond the powers or exceeding the authority of. Anyone who has been affected by the D.L can challenge its validity.
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What is Procedural Ultra Vires?
Procedural ultra vires is concerned with how the D.L is made. Some parent acts specify certain procedures to be followed. ANy D.L made avoiding these procedures can be declared ultra vires and void, as seen in Aylesbury Mushrooms ltd.
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What is substantive ultra vires?
this is concerned with whether the content of the D.L is within the limits set out in the parent act. Anything beyond the limits is declared ultra vires and void as in A-G Fulham Corp- (clothes facilities)
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What two cases go with substantive ultra vires?
A-G Fulham + Customs and Exise Commissioners v Cure and Deeley
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Where was unreasonableness established?
This was established in "Wednesbury unreasonableness" and is argued in cases like R v Swindon NHS trust
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Why else might the courts declare ultra vires?
levies tax, allows sub delegation, interested parties not consulted, conflicts European law.
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Is Judicial control effective?
limited effectiveness due to depenence of courts on cases being brought forward. Rare a person questions law- costs legal knowledge. judges cant ammend but can ensure it has been made according to instruction. upholds parliamentary supremacy.
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Other cards in this set

Card 2

Front

What is Ultra Vires?

Back

Judges can find a piece of D.L ultra vires: beyond the powers or exceeding the authority of. Anyone who has been affected by the D.L can challenge its validity.

Card 3

Front

What is Procedural Ultra Vires?

Back

Preview of the front of card 3

Card 4

Front

What is substantive ultra vires?

Back

Preview of the front of card 4

Card 5

Front

What two cases go with substantive ultra vires?

Back

Preview of the front of card 5
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Comments

Smith E

Basic slides, useful to most students studying any course. Remember to flip the slides to see the answers. The cases includes are well selected. 

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