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Substantive ultra vires
Substantive ultra vires: the courts are able to
intervene to prevent or remedy an abuse of
power by public authorities. This is because the
law may have been created illegally or
unreasonably.
Commissioners of Custom and Excise V Cure and Deely
Ltd (1962): Finance Act gave Customs and Excise power
to make any law they wanted. This was wrong as it gave
a government department more power than
Parliament. This is a case where it has been clearly
demonstrated without controls many authorities will
abuse the powers.
R v Wood (1855): Minister for Health created an
SI that would force all people to clear snow off
their 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 any
delegated legislation that is unreasonable.
Associated Provincial Picture Houses v
Wednesbury Corporation: `Wednesbury
unreasonable', meaning `so unreasonable that
no reasonable person could contemplate it'

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Delegated Legislation: Substantive ultra vires

  • 2. Substantive ultra vires: the courts are able to intervene to prevent or remedy an abuse of power by public authorities. This is because the law may have been created illegally or unreasonably.
  • 3. Commissioners of Custom and Excise V Cure and Deely Ltd (1962): Finance Act gave Customs and Excise power to make any law they wanted. This was wrong as it gave a government department more power than Parliament. This is a case where it has been clearly demonstrated without controls many authorities will abuse the powers.
  • 4. R v Wood (1855): Minister for Health created an SI that would force all people to clear snow off their own paths, on the pretext that it was an “unhygienic substance” Removal of dust, ashes, and rubbish - could not include snow.
  • 5. Strickland v Hayes BC: This may also cover any delegated legislation that is unreasonable.
  • 6. Associated Provincial Picture Houses v Wednesbury Corporation: `Wednesbury unreasonable', meaning `so unreasonable that no reasonable person could contemplate it'