Explain how courts/judiciary control delegated legislation

• Delegated legislation Can also be controlled by the courts by a method called judicial review in the high court where a high court judge can be asked to consider the validity of delegated legislation made at anytime in the past
• One method is known at substantive ultra vires where law is made by a minister/ privy council/local authority that a act does not permit them to make for example ag v Fulham corp the wrong body making law beyond their powers can lead to invalid law being made leading to compensation.
• Another method of control is procedural ultra vires where the correct body makes a law but doesn’t follow the procedure the act said such as failing to send the draft to a scrutiny committee or affirmative resolution ( Aylesbury mushroom case) the requirement to consult others before making it into law was not followed. Furthermore by laws can be declared invalid if they break the rules of unreasonableness so if a law is made with bias corruption or irrationality it can be challenged.