Case Help

Hello!!

I’m doing a question paper. I need to find a law that relates to a statutory instrument breaching the principle of the rule of law. Anyone know of any cases. I can’t find any. Or where can I find them?

Reply 1

Stiffy Byng

Original post by cptnb1gboss

Hello!!
I’m doing a question paper. I need to find a law that relates to a statutory instrument breaching the principle of the rule of law. Anyone know of any cases. I can’t find any. Or where can I find them?

Law students need to learn how to do their own research, especially if they hope one day to practise law.

I shall give you one clue. Have a look for cases about statutory instruments which are ultra vires the primary legislation under which the instruments were made.

Reply 2

bartbart3

Original post by cptnb1gboss

Hello!!
I’m doing a question paper. I need to find a law that relates to a statutory instrument breaching the principle of the rule of law. Anyone know of any cases. I can’t find any. Or where can I find them?

Think Aylesbury Mushroom Case 1927 suffices what you are looking for, the Minister of agriculture did not consult a certain percentage of mushroom growers, represented by a singular group, when it was required for him to make an act regarding them. The court ruled the section of act regarding mushroom growers Ultra Vires.

Reply 3

Stiffy Byng

Original post by bartbart3

No need to be a smart arse

I am endeavouring to assist the OP by encouraging him or her to do his or her own research, as he or she would be required to do if practising law.

Your summary of the Aylesbury Mushrooms case is partially inaccurate. An Act is primary legislation, not secondary, and a Court cannot disapply the provisions of an Act. The legislation in dispute in that case was secondary legislation, and hence could be declared ultra vires the primary legislation which underpinned the secondary legislation.

Prior to Brexit, a Court could disapply primary legislation which was inconsistent with EU law (see Factortame), but in the domestic law context a Court cannot override an Act of Parliament. A Court can make a declaration of incompatibility where primary legislation is not consistent with one or more of the rights protected by the ECHR and scheduled to the HRA 1998, but such a declaration does not render the legislation unenforceable.

Reply 4

Stiffy Byng

Original post by bartbart3

Oh so you are capable of helping people, just have to be a cocky **** about it, Thanks😁.

I am not being cocky about anything. I am endeavouring to assist the OP, just as I assist the pupils in my chambers and the students at the university where I teach. In the law, precision and accuracy are important. "That's nearly right" doesn't work when applying the law to real world situations, and doesn't lead to the best marks in exams and assessments.

I add that courtesy is a part of professionalism, and costs nothing.

Reply 5

Stiffy Byng

The aphorism that "rudeness is the weak man's imitation of strength" is attributed to Edmund Burke, and to others; but I prefer Arthur Schopenhauer's “It is a wise thing to be polite; consequently, it is a stupid thing to be rude. To make enemies by unnecessary and willful incivility, is just as insane a proceeding as to set your house on fire."

Reply 6

bartbart3

Original post by Stiffy Byng

Mentioning the father of Conservatism (🤢) and the philosopher of pessimism on an argument on the student room isn’t as cool as you think it is buddy

Reply 7

Stiffy Byng

I do not think that I am or am ever likely to be your "buddy". I hope that you will manage to learn some degree of civility if and when you become an undergraduate or ever wish to obtain a job.

Reply 8

bartbart3

Original post by Stiffy Byng

I do not think that I am or am ever likely to be your "buddy". I hope that you will manage to learn some degree of civility if and when you become an undergraduate or ever wish to obtain a job.