Delegated Legislation: Court Controls On Delegated Legislation – Judicial Review, Locus Standi, Procedural Ultra Vires, Substantive Ultra Vires, And Unreasonableness (Copy)
Delegated Legislation: Court Controls On Delegated Legislation – Judicial Review, Locus Standi, Procedural Ultra Vires, Substantive Ultra Vires, And Unreasonableness
Case Precedents & Statutes Sheet (AS Level Law – England and Wales)
Core Legal Basis for Court Control of Delegated Legislation
| Authority | Court | Principle Established | Exam Focus |
|---|---|---|---|
| Council of Civil Service Unions v Minister for the Civil Service (GCHQ Case) (1985) | House of Lords | Delegated legislation is subject to judicial review | Rule of law |
| Anisminic Ltd v Foreign Compensation Commission (1969) | House of Lords | Errors of law make decisions reviewable | Strong court control |
| Human Rights Act 1998 | Parliament | Delegated legislation must comply with Convention rights | Rights protection |
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 7 Distinctions and 11 World Records For Educate A Change AS Level Law Full Scale Course
Judicial Review — Control Through the Courts
Key Authorities
| Case | Court | Judicial Review Principle | Exam Use |
|---|---|---|---|
| GCHQ Case (1985) | House of Lords | Courts may review delegated legislation for legality | Core authority |
| R v Secretary of State for the Home Department, ex parte Fire Brigades Union (1995) | House of Lords | Executive misuse of delegated powers unlawful | Supremacy enforced |
| R (Miller) v Secretary of State for Exiting the EU (2017) | Supreme Court | Delegated powers cannot change primary law fundamentally | Limits of delegation |
- Judicial review checks:
- Legality
- Procedural fairness
- Reasonableness
- Courts do not review political merit
Locus Standi — Who May Challenge Delegated Legislation
Key Case Authorities
| Case | Court | Rule on Standing | Exam Focus |
|---|---|---|---|
| R v Inland Revenue Commissioners, ex parte National Federation of Self-Employed (1982) | House of Lords | Claimant must show sufficient interest | Standing test |
| R v Secretary of State for Foreign Affairs, ex parte World Development Movement (1995) | Divisional Court | Pressure groups may have standing | Liberal approach |
| R (Unison) v Lord Chancellor (2017) | Supreme Court | Access to justice supports wider standing | Modern position |
- Courts consider:
- Importance of issue
- Nature of claimant
- Availability of alternative challengers
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 7 Distinctions and 11 World Records For Educate A Change AS Level Law Full Scale Course
Procedural Ultra Vires — Failure to Follow Required Procedure
Key Authorities
| Case | Court | Procedural Error | Exam Use |
|---|---|---|---|
| Agricultural Training Board v Aylesbury Mushrooms (1972) | High Court | Failure to consult where required | SI invalid |
| R v Secretary of State for Social Services, ex parte Association of Metropolitan Authorities (1986) | Court of Appeal | Failure to follow statutory procedure | Unlawful SI |
| R v Secretary of State for the Home Department, ex parte Jeyeanthan (2000) | Court of Appeal | Distinction between mandatory and directory procedures | Validity test |
- Occurs when:
- Consultation is legally required but not carried out
- Parliamentary approval procedure ignored
- Required notice or publication omitted
Substantive Ultra Vires — Exceeding the Scope of Authority
Key Authorities
| Case | Court | Substantive Error | Exam Focus |
|---|---|---|---|
| Attorney General v Fulham Corporation (1921) | Court of Appeal | Authority exceeded statutory power | Classic authority |
| R v Secretary of State for Social Security, ex parte Joint Council for the Welfare of Immigrants (1996) | Court of Appeal | SI conflicted with parent Act | Beyond power |
| R (Public Law Project) v Lord Chancellor (2016) | Supreme Court | SI exceeded enabling Act | Strong judicial control |
- Occurs when:
- SI goes beyond purpose of enabling Act
- SI contradicts Act of Parliament
- Power used for an improper purpose
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 7 Distinctions and 11 World Records For Educate A Change AS Level Law Full Scale Course
Unreasonableness — Wednesbury Control
Key Authorities
| Case | Court | Test | Exam Focus |
|---|---|---|---|
| Associated Provincial Picture Houses v Wednesbury Corporation (1948) | Court of Appeal | Decision so unreasonable no authority would make it | Irrationality |
| Kruse v Johnson (1898) | Queen’s Bench | Bylaws must be reasonable | Local delegated law |
| R (Daly) v Secretary of State for the Home Department (2001) | House of Lords | Proportionality approach under HRA | Modern refinement |
- Applied where decision is:
- Arbitrary
- Oppressive
- Manifestly absurd
- High threshold → courts intervene rarely
Remedies Available Through Judicial Review
| Remedy | Legal Effect | Exam Use |
|---|---|---|
| Quashing order | Delegated legislation declared invalid | Primary remedy |
| Declaration | Confirms illegality | Legal clarity |
| Injunction | Prevents enforcement | Protection |
| Damages | Available under HRA 1998 only | Limited |
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 7 Distinctions and 11 World Records For Educate A Change AS Level Law Full Scale Course
Relationship Between Parliamentary and Court Controls
| Feature | Parliamentary Control | Court Control |
|---|---|---|
| Timing | Before or after enactment | After enactment |
| Focus | Policy and procedure | Legality |
| Strength | Political | Legal |
| Outcome | Annulment or rejection | Invalidity |
Evaluation Authorities (High-Band Use)
| Issue | Authority | Evaluation Point |
|---|---|---|
| Rule of law | Anisminic | Strong judicial supervision |
| Standing | World Development Movement | Public interest litigation |
| Procedural fairness | Aylesbury Mushrooms | Mandatory compliance |
| Executive overreach | Public Law Project | Courts as safeguard |
| Unreasonableness | Wednesbury | Limited but vital control |
Ultra-Condensed Exam Recall Grid
| Control | Authority | Memory Hook |
|---|---|---|
| Judicial review | GCHQ Case | Reviewable |
| Standing | World Development Movement | Sufficient interest |
| Procedural ultra vires | Aylesbury Mushrooms | Must consult |
| Substantive ultra vires | Fulham Corporation | Beyond power |
| Unreasonableness | Wednesbury | Irrational decision |
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 7 Distinctions and 11 World Records For Educate A Change AS Level Law Full Scale Course