Controls on Delegated Legislation: Courts

• Judicial review

  • Public can question the effectiveness of a law
  • Apply to Queen's Bench Division for a judicial review
  • Court would issue an injunction which stops the regulation or by-law
• Types of Ultra Vires Actions

  • Procedural ultra vires - Procedure was set out in the enabling act so a citizen can challenge this if the procedure was not followed (Aylesbury Mushroom)
  • Substantive ultra vires - Delegated legislation would be declared void if it allows something the enabling act did not intent (Durand Academy v OFSTED)
  • Unreasonable - Known as Wednesbury principle, when a provision is drafted too wide to achieve its purpose (Strictland v Hayes Borough Council)