Chapter Two - Lists

Question

Chapter 2: (C) LISTS

Answer

(13) List two grounds of judicial review that can be argued in relation to delegated legislation. (2)

· Procedural ultra vires: where a body or person to whom delegated power has been given has failed to follow correct procedures in exercising the power (see, for example, the Aylesbury Mushroom case, 1972: AS Level Law p 37).
· Substantive ultra vires: where a body or person to whom delegated power has been given has abused the power, or misapplied the content of the power (see, for example, Attorney-General v Fulham Corporation, 1921: AS Level Law p 38).

(14) List three reasons that may given for making delegated legislation rather than primary legislation. (3)

For example:

· Delegated legislation allows for the development of very detailed rules.
· It is easier to make or unmake delegated legislation than primary legislation.
· Delegated legislation is the preferred mode of law-making in emergencies.

(15) List four examples of pieces of delegated legislation that you have considered during your studies. (4)

For example:

· Hedgerows Regulations 1997
· Race Relations Act 1976 (Amendment) Regulations 2003
· Unfair Terms in Consumer Contracts Regulations 1999
· Sale and Supply of Goods to Consumers Regulations 2002

(16) List three cases that illustrate judicial controls over pieces of delegated legislation. (3)

For example:

· Aylesbury Mushroom case (1927)
· Strickland v Hayes Borough Council (1896)
· Attorney-General v Fulham Corporation (1921)

(17) List three positive features of the ‘affirmative resolution’ procedure in relation to controlling delegated legislation. (3)

· Delegated legislation is laid before Parliament
· Delegated legislation requires the approval of both Houses of Parliament
· Delegated legislation therefore attracts considerable publicity and debate