control by the courts

• what is judicial review?

  when judges review the powers to create dl, determine if they have been followed and also consider the reasonableness of the dl

  a court case where a claimant challenges the lawfulness of a decision made by a public body
• what are some examples of public bodies?

  local councils, government departments and police forces
• why does judicial review occur?

  if the limits of an enabling act are exceeded
• if the limits of an enabling act are exceed what may it be challenged as?

  ultra vires
• how would a person begin to challenge dl via judicial review?

  start by taking their case to the high court and it can go all the way to the supreme court if anyone involved decides to appeal the lower courts decision
• what 4 things make up the criteria for an act to go through judicial review?

  - king's bench division of the high court

  - case started within 3 months of grounds arising

  - "leave" (permission) granted by a high court judge

  - person making the challenge must have a sufficient interest in the matter
• what are the 2 types of ultra vires

  - substantive

  - procedural
• what is substantive ultra vires?

  the content / subject matter lies beyond the scope of the enabling act
• what is procedural ultra vires?

  the correct procedure, as laid down in the enabling act was not followed
• give an example of a case of an act that was deemed substantive ultra vires

  strictland v hayes [1896]

  this was when a bylaw was created that prohibited the singing of any song that included obscene language

  it was deemed ultra vires as it was too widely drawn in as it covered acts done in private too
• give an example of a case of an act that was deemed procedural ultra vires

  aylesbury mushroom [1972]

  this dl required the minister of the land to consult "any organisation appearing to him to be representative of substantial numbers of employers engaging in the activity concerned"

  this was deemed ultra vires as he failed to consult the mushroom growers association which represented about 85% of all mushroom growers
• what types of delegated legislation can be challenged via judicial review?

  - SIs

  - bylaws

  -orders in council