Save
...
law making
delegated legislation
judicial review
Save
Share
Learn
Content
Leaderboard
Share
Learn
Created by
Brooke Lennox
Visit profile
Cards (12)
court
/
judicial
controls
delegated
legislation
can be
challenged
in court by person with
sufficient
interest
in case
challenged by
judicial
review
on grounds it's
ultra
vires
ultra vires - going
beyond
powers
given by
parliament
in
enabling
act
substantive
ultra vires - delegated legislation may be declared void if
allows
something
enabling
act did not
intend
(not
substantial
)
procedural
ultra vires -
procedures
of
enabling
act must be
followed
otherwise challenged
unreasonableness - courts declare delegated legislation void when
law
under
enabling
act is
unreasonable
eval pro -
rights
protected, can access
justice
eval pro -
3
grounds give people more
opportunity
/protection
eval con - only effective if somebody takes
action
in court under
judicial
review
, many wont
eval con - no
legal
aid or state
funding
available
eval con -
action
has to be landed within
3
months,
strict
timescale to raise
funds
etc