Skip to content

CMA Foundation · Fundamentals of Business Laws and Business Communication · Primary and Subordinate Legislation

A statute delegates rule-making power to the executive, and a rule made under it is challenged in court. Which one of the following statements is correct?

A rule can be struck down as ultra vires if it goes beyond the authority granted by the parent Act, even when the Act itself is valid. Courts exercise judicial review over delegated legislation, and parliamentary scrutiny does not prevent them from intervening.

  1. AThe rule is immune from challenge because it was made under a valid Act
  2. BThe rule can be struck down as ultra vires if it exceeds the authority granted by the parent Act, even though the Act itself is validCorrect
  3. CThe court may rewrite the rule and issue it as a fresh Act
  4. DThe rule is valid until Parliament passes a resolution against it, and courts cannot intervene before that

Explanation

A valid parent Act does not make every rule under it valid. Courts examine whether the rule is within the powers delegated and consistent with the Constitution, and can declare it ultra vires. Courts do not rewrite rules as Acts, and judicial review does not wait for a parliamentary resolution.

Did you get it right without looking?

One question tells you little. A timed set on Primary and Subordinate Legislation shows your real accuracy, how long you take and where you lose marks.

Practise Primary and Subordinate LegislationFree diagnostic mock

More Primary and Subordinate Legislation questions