Judicial control of delegated legislation

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HomeBrud.gifAdministrative LawBrud.gifDelegated legislationBrud.gifJudicial control of delegated legislation
  • Parent Act is ultra vires to the Constitution
  • Delegated legislation is ultra vires to the Constitution
  • Is delegated legislation protected by Schedule IX of the Constitution?
  • Delegated legislation is ultra vires to the parent act
  • Delegated legislation held intra vires to the parent act
  • Unreasonableness
  • Malafide - Wrong purposes and bad faith
  • Sub-delegation
  • Retrospective operation
  • Exclusion of judicial review
  • Procedural ultra vires
  • Publication
  • Consultation: Some statute require administration to consult bodies before making a legislation. There is no general rule making consultation compulsory or optional. Where it is compulsory, failure to consult would affect the validity of rules or regulations.

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