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

A statute gives a Minister power to issue notifications on a subject, but the notification issued is found to have been made without following a mandatory procedure of prior publication that the Act requires. Under which ground of judicial control is the notification most directly open to challenge?

The notification is open to challenge on the ground of procedural ultra vires. The parent Act laid down a mandatory step, prior publication, and the delegate skipped it. Substantive ultra vires would concern the content exceeding the delegated power, which is not the defect here.

  1. AProcedural ultra viresCorrect
  2. BSubstantive ultra vires
  3. CDoctrine of res judicata
  4. DDoctrine of stare decisis

Explanation

Procedural ultra vires arises when the delegate fails to follow the mandatory procedure laid down in the parent Act, such as prior publication or consultation. Substantive ultra vires concerns the content going beyond the power, which is not the defect described here.

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