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Delegated Legislation: Substantive ultra vires
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Delegated Legislation: Substantive ultra vires

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    Delegated Legislation: Substantive ultra vires Delegated Legislation: Substantive ultra vires Presentation Transcript

    • Substantive ultra vires
    • 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.
    • 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.
    • 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.
    • Strickland v Hayes BC: This may also cover anydelegated legislation that is unreasonable.
    • Associated Provincial Picture Houses vWednesbury Corporation: `Wednesburyunreasonable, meaning `so unreasonable thatno reasonable person could contemplate it