Law- Judicial Controls

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What are the three types of Ultra Vires?
Procedural, Substantative and Unreasonable
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What is Procedural?
Procedure stipulated by Enabling Act not followed
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What was the Ayelsbury Mushroom Case?
The Minister of Labour only consulted the representatives of employers concerned, did not concern 85% of MGA, Act didn't apply to them
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What is Substantive?
Whether the content of the delegated legislation is within the limits set out by the parent act.
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What was A-G vs Fulham Corporation
Powers were given to the corporation the power to provide clothes and washing facilities for the public but in 1920 a commercial laundry was established (self-service laundry) where council employees washed the residents’ clothes.
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What was Customs and Excise Commissioners v Cure and Deeley Ltd (1962)
Given powers on how to collect tax, not the amount they collect
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What is Unreasonableness?
The process is so unreasonable, it is very unfair and it cannot be allowed. Something any ordinary person would not do.
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What was Strickland v Hayes Borough Council (1896)
This was a bylaw prohibiting the singing or reciting of an offensive song or ballad or the use of strong/offensive language generally. This was unreasonable as people could do this in private rather than in public.
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What was R (Rogers) v Swindon NHS Trust (2006)?
NHS failed to provide Herceptin to a woman suffering from early-stage breast cancer after doctors had subscribed it as NHS believed her case was not a typical case. The policy was ruled as unreasonable as some people got it, others did not
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What was R v Secretary of State for Education and Employment, ex Parte National Union of Teachers (2000)?
Where a High Court judge only have teachers 4 days to make a decision.
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Other cards in this set

Card 2

Front

What is Procedural?

Back

Procedure stipulated by Enabling Act not followed

Card 3

Front

What was the Ayelsbury Mushroom Case?

Back

Preview of the front of card 3

Card 4

Front

What is Substantive?

Back

Preview of the front of card 4

Card 5

Front

What was A-G vs Fulham Corporation

Back

Preview of the front of card 5
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