Delegated Legislation (OCR A-Level Law): Flashcards
📚Flashcards
Practise the cards
10 cards from this deck
ShowHide
Practise the cards
10 cards from this deck
Judicial review
Judicial review
Process courts use to review delegated legislation
Ultra vires meaning
Ultra vires meaning
Beyond the powers
What ultra vires legislation is declared
What ultra vires legislation is declared
Void (no legal effect)
Procedural ultra vires
Procedural ultra vires
Failing to follow correct procedures set in parent Act
Substantive ultra vires
Substantive ultra vires
Exceeding the scope of powers granted by Parliament
Agricultural Training Board case (1972)
Agricultural Training Board case (1972)
Procedural ultra vires - failed to consult mushroom growers
Pfizer case (1999)
Pfizer case (1999)
Substantive ultra vires - banned Viagra for cost not medical
Wednesbury unreasonableness
Wednesbury unreasonableness
So unreasonable no rational decision-maker could create it
Where to apply for judicial review
Where to apply for judicial review
Queen's Bench Division of the High Court
Court controls are reactive not proactive means
Court controls are reactive not proactive means
Can only review after legislation made & in force