OCR AS Sources of Law 23rd May

Procedural ultra vires: where the body or individual making the decisions has failed to follow some procedure or requirement laid down in legislation.

Substantive ultra vires: where the body or individual making the decision has used the authorised powers in an unauthorised way.

Substantive ultra vires for unreasonableness: where the body or individual making the decision makes a decision which no reasonable body or individual in the same situation would do.

sorry to be a pain, but what is the difference ? :/

basically, i went on the ocr website to look at the grade boundaries. i was a mark of an b! i think it was 56 or something in jan to get an B, something on those lines anyway

From January 2013, you need 46 raw marks for a B (56 UMS).

Procedural ultra vires - procedures laid out by the parent act that have not been followed (example the Aylesbury v Mushroom Case)
In the exam they are likely to say something along the lines of - A Minister brings an SI into force but has not consulted the parties affected by the SI

Substantive - Regulation goes beyond the powers it was given (R v Home Secretary ex parte Fire Brigade Union) in the exam it will say something along the lines of "A Minster has been given power to make DL on legal funding, he has made regulations on health and safety"


Thanks!

thank you ! did you revise for other topics?

I revised Judicial Precedent, Law Reform and Delegated Legislation.
My college doesn't teach EU Law, and I haven't had much time to revise Statutory Interpretation, so I'm just going over some notes now.
What about you?

we never learnt any of the topics, im kind of self teaching myself. they only provided us with powerpoints lol.

i left EU, and judicial. dont know whether its a wise thing to do, but theres so much, and judicial is complex too in terms of cases.

i looked at stat, but not thoroughly. just skimmed it.
i only revised delegated, and acts of parliament. my school didnt provide me with a law reform powerpoint :/

anyway, im off now. ill update about the exam tmoz. good luck

Words cannot describe the happiness I felt when I saw delegated legislation on this paper. I must have looked like a complete idiot to other people in the exam hall but I literally could not get rid of the massive grin I had for good five minutes.

Overall I think I did well. Slightly ran out of time on effectiveness of controls but managed to state a few problems anyway.

Glad its over now!!!

How did you guys find it??

Posted from TSR Mobile

Words cannot describe the happiness I felt when I saw delegated legislation on this paper. I must have looked like a complete idiot to other people in the exam hall but I literally could not get rid of the massive grin I had for good five minutes.

Overall I think I did well. Slightly ran out of time on effectiveness of controls but managed to state a few problems anyway.

Glad its over now!!!

How did you guys find it??

Posted from TSR Mobile

Haha me too. As well I have a perfect answer for describe the different types. As long as it comes up, I should have a possible 30 marks in the bag. I'm retaking this exam too because I know I can do better. Goodluck with your exams dude

And of course you should bother!

Did anyone else notice that we were required to write our answers on specific pages? For example 2b on page 5 and so on? I didn't realise this, my friends informed me after the exam and now I'm really worried that in not going to get any marks!

heyyy guys, how did you lot find the exam? we were right on our predictions!

i think i done most right, but the last question of effectiveness just ruined it. but i think its good overall
i was a mark of an B last time, and yet i found the exam hard in jan. but, today's at this rate will get the B that i want hopefully!

dont worry, i did the same thing as you for the one in jan, but they did count the marks.

also, for scenario questions, i put all the answers in one page. dont worry they wont mark you down!