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CMA Foundation · Fundamentals of Business Laws and Business Communication · Sources of Law

A statute authorises a Ministry to make rules on 'any matter it considers fit', and the Ministry frames a rule that goes beyond the Act's own scope and conflicts with a provision of the Act. Which statement is correct?

The rule is ultra vires and a court can strike it down to the extent it conflicts with the Act. Delegated legislation draws its power from the parent statute and cannot exceed or contradict it, so a rule going beyond that authority is invalid.

  1. AThe rule is ultra vires and can be struck down by a court to the extent it conflicts with the ActCorrect
  2. BThe rule prevails because rules are more detailed than the Act
  3. CThe rule is valid because the executive acts for the Parliament
  4. DThe rule becomes part of the Act automatically

Explanation

Delegated legislation must remain within the powers given by the parent Act. A rule that exceeds or contradicts the Act is ultra vires and courts can declare it invalid. Detail or the executive's role does not let rules override the parent statute.

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