If someone has been directly affected by the statutory instrument they can challenge it in the courts. The process for challenge is called a................
Judicial Review
6 of 11
If the court rules the case is Ultra Vires, what will the cas be?
Void
7 of 11
Define Procedural ultra vires.
The procedure set out in the enabling act for making the statutory instrument has not been followed.
8 of 11
Define Substantive ultra vires.
The content in the statutory instrument goes beyond what Parliament gave power to include
9 of 11
In the Aylesbury Mushroom Case is the case declared Procedural ultra vires or Substantive ultra vires?
Procedural ultra vires
10 of 11
Does the case of Based on Associated Picture Houses Ltd –v- Wednesbury Corporation show unreasonableness?
Yes it does show unresonableness
11 of 11
Other cards in this set
Card 2
Front
Who are Statutory instruments made by?
Back
Goverment Departments
Card 3
Front
Who are by-laws made by?
Back
Card 4
Front
Who makes Orders in Council?
Back
Card 5
Front
What are the 4 controls laid down by Parliament for Delegated Legislation?
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