Controls on Delegated Legislation (OCR A-Level Law): Flashcards
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Two main forms of control on delegated legislation
Two main forms of control on delegated legislation
Parliamentary controls and judicial controls
Parent Act alternative name
Parent Act alternative name
Enabling Act
ARO requirement before SI takes effect
ARO requirement before SI takes effect
Must be debated and approved by Parliament through a vote
NRO timeframe for Parliament to object
NRO timeframe for Parliament to object
40 days
Ultra vires meaning
Ultra vires meaning
Beyond the powers
Procedural ultra vires definition
Procedural ultra vires definition
Failing to follow correct procedures set out in parent Act
Substantive ultra vires definition
Substantive ultra vires definition
Exceeding the actual powers granted by the parent Act
Key case for procedural ultra vires
Key case for procedural ultra vires
Agricultural Training Board v Aylesbury Mushrooms Ltd (1972)
Wednesbury unreasonableness test
Wednesbury unreasonableness test
So unreasonable no reasonable authority could have made it
Court for judicial review of delegated legislation
Court for judicial review of delegated legislation
Queen's Bench Division of the High Court