CLARE MARIE ?!
STRANGER DANGER ?![/b][/color]
Vampire Extrodiare
Posts: 29
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Post by CLARE MARIE ?! on Apr 1, 2010 16:04:46 GMT -5
There are TWO TYPES OF ULTRA VIRES.
This is where a public authority figure goes and oversteps their power. Procedural ultra vires occures where the procedures laid down in the Enabling Act for producing delegated leglisation has no been followed. *
basically. some dude made a DL in which he didn't have the power to do so, badda-bing, badda boom, he's in trouble and will probably get stripped of his powers, but of course, being the judges, they've gotta give it a STUPID name =.=
Case studyy: AYLESBURY MUSHROOMS CASE(1972)
An order was declared invalid because the requirement to consult with the interested parties before making it was not properly complied with.
AND;
Where the law is unreasonable, and was one that parliament would never have intended for them to be allowed to make or it wasn't allowed to be created by the specific person.
In the courts eyes, if there isn't an enabling act which personally states it is allowed, then there is no power for any of the following
- make unreasonable regulations
- levy taxes
- allow sub-delegation.
Case studyy: STRICTLAND V HAYES BOROUGH COUNCIL. (1896)
a bylaw prohibiting the singing or reciting of any obscene song or ballad and the use of obscene language generally was held to be unreasonable and so ultra vires because it was too widely drawn in that it covered acts done in private as well as those done in public.
IT IS ALSO POSSIBLE FOR THE COURTS TO DECLARE THAT DL IS ULTRA VIRES BECAUSE THE CORRECT PROCEDURE HAS NOT BEEN FOLLOWED.
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Post by Jonathan on Dec 6, 2017 1:52:44 GMT -5
What does substantive mean
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Post by amegizu on Apr 20, 2019 22:27:17 GMT -5
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Post by avutuidu on May 17, 2019 10:08:08 GMT -5
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Post by ijakifonom on May 17, 2019 12:09:29 GMT -5
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Post by usuqtuhemodim on Jun 12, 2019 0:19:41 GMT -5
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