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8 Cards in this Set

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What are substantive ultra vires + case?

The powers given to the person making the DL in the parent act have been exceeded

E.g. Cure and Deeley

What is unreasonableness + case?

The DL made is so unjust that no reasonable body could have made it

E.g. Strictland v Hayes Borough Council

What are procedural ultra vires + case?

The minister/ department has not followed procedures set out in the parent act

E.g. Aylesbury Mushrooms

Can MP's question in parliament?
They can question ministers in the House of Commons at any time about their work and proposed statutory instruments
What is the scrutiny committee?
They have the power to review SI's before they become law but can only report it to parliament if they find anything wrong, if it's confusing or goes beyond powers of the enabling act
What is the negative resolution procedure?
Requires no action by parliament. An SI will become law automatically after 40 days unless parliament chooses to debate or reject it
What is a parent act?
An original act passed by parliament which enables another body to make laws
What is the affirmative resolution procedure?
Requires parliament to vote their approval of the statutory instrument before it can become law