Judicial controls (8)

• Judicial Controls on DL

  Judicial controls are how courts check DL after law has been passed

  
  

  This requires someone with the right to challenge to bring a case to court using Judicial Review - heard by High Court

  
  

  Then courts decided if the body making the law has acted ultra vires
• What does ultra vires mean and what are the 3 types?

  Beyond the power

  
  

  • Procedural Ultra Vires
  • Substantiative Ultra Vires
  • Wednesbury Unreasonableness
• Procedural Ultra Vires

  When the body has not followed correct procedure in passing the law - Aylesbury Mushrooms
• Substantive Ultra Vires

  Substance or content of the law is beyond what they were given the power to do - AG v Fulham Corp
• Wednesbury Unreasonabless

  Law passed was so unreasonable that no reasonable person could think of it - APPH v Wednesbury Corp
• Effect of a ruling makes DL null and void - meaning its no longer a law