Judicial control - subsidiary legislation, Business Law and Ethics

Judicial Control:

Conversely the courts can declare any law made as subsidiary legislation to be invalid or unacceptable under the ultra vires doctrine. Thus the law may be declared either procedurally or substantively ultra vires.

(a)   Substantive Ultra Vires

However a law may be declared substantively ultra vires whether as the maker had no powers to make it.  So now this may occur in a number of ways.  As like a case, the Minister or Authority may have:as;

(i) exceeded the powers given through the Act;

(ii) exercised the power for another purpose rather than the particular rationale  to that it was given, or

(i) Is acted unreasonably there in the sense explained through Greene, M.R. in Associated Provincial Picture Houses Ltd v Wednesbury Corporation

(b)   Procedural Ultra Vires

Further a law will be declared procedurally ultra vires  where the mandatory procedures prescribed in the enabling Act to its enactment are not tracks same like failure to publish it in the Gazette.  So now look at a case of Mwangi V.R. in that Mwangi and another person were prosecuted and convicted with the Special Magistrate's Court, to charging one shilling instead of fifty cents to a haircut, Nairobi, contrary to Price Controller's Order No.20 of 1948 that should be made pursuant to Regulation 11(1) of the Defence as Control of Prices Regulations, 1945.

Now therefore further on appeal the convictions were set aside when the court's attention was drawn to the fact that the Order had not been published in the Gazette as should have been done.  Since the order was now void and nobody could be charged for allegedly violating its provisions.

Posted Date: 1/16/2013 3:05:48 AM | Location : United States







Related Discussions:- Judicial control - subsidiary legislation, Assignment Help, Ask Question on Judicial control - subsidiary legislation, Get Answer, Expert's Help, Judicial control - subsidiary legislation Discussions

Write discussion on Judicial control - subsidiary legislation
Your posts are moderated
Related Questions
Explain the International law International law is the body which governs State actions and its effective implementation within the States depends on the way in which States tr

QUESTION (a) Define the term 'contract' and explain the basic elements which constitute a valid and legally enforceable contract under the English Law (b) What do you unders

Service of Notice: Section 134 (a) provides that, unless the articles of the company make other provision in that behalf, notice of the meeting of a company shall be served on

QUESTION 1 You are given the task to make a Code of Ethics for your organization (a) Describe a Code of Ethics (b) What are the different aspects/issues that you might in

Appropriate method adopted is to make new laws The more appropriate method adopted is to make new laws in compliance with the international laws because it would not only help

Direct Deliveries Limited (DDL). which is a company that specialises in selling a variety of goods to small independent retailers has grown quickly in the last three years.

QUESTION 1 Section 39 of the Public Procurement Act provides for cancellation of a bidding process in specific circumstances. State those circumstances and the implications of

Hirer Requires Information from the Owner Conversely the hirer requires some information from the owner whether he should send him a written request so and then like pay to hi

Misfeasance: Under s.324, misfeasance proceedings may be instituted against a director, promoter, manager, liquidator or "officer" (including an auditor) of a company in liqui

On 10 March 2011 the ACCC accepted an undertaking under the Competition and Consumer Act 2010(Cth) from Patterson Cheney Pty Ltd in relation to alleged misrepresentations made by t