Delegated Legislation: Substantive ultra vires

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Delegated Legislation: Substantive ultra vires

  1. 1. Substantive ultra vires
  2. 2. Substantive ultra vires: the courts are able tointervene to prevent or remedy an abuse ofpower by public authorities. This is because thelaw may have been created illegally orunreasonably.
  3. 3. Commissioners of Custom and Excise V Cure and DeelyLtd (1962): Finance Act gave Customs and Excise powerto make any law they wanted. This was wrong as it gavea government department more power thanParliament. This is a case where it has been clearlydemonstrated without controls many authorities willabuse the powers.
  4. 4. R v Wood (1855): Minister for Health created anSI that would force all people to clear snow offtheir own paths, on the pretext that it was an“unhygienic substance” Removal of dust, ashes,and rubbish - could not include snow.
  5. 5. Strickland v Hayes BC: This may also cover anydelegated legislation that is unreasonable.
  6. 6. Associated Provincial Picture Houses vWednesbury Corporation: `Wednesburyunreasonable, meaning `so unreasonable thatno reasonable person could contemplate it

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