judicial review

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