CMA Foundation · Fundamentals of Business Laws and Business Communication · Sources of Law
Which of the following is a recognised ground on which delegated legislation can be challenged in a court of law?
Delegated legislation can be challenged if it is ultra vires, meaning it goes beyond the powers granted by the parent Act or violates the Constitution. Public unpopularity, the junior rank of the maker, or the time elapsed since the Act was passed are not valid grounds for invalidation.
- AIt was made by an officer with a junior designation
- BIt goes beyond the powers given by the parent Act (ultra vires)Correct
- CIt is unpopular with the public
- DIt was framed after the parent Act was a year old
Explanation
Delegated legislation must stay within the authority conferred by the parent Act and the Constitution. If it exceeds this, it is ultra vires and a court may declare it invalid. Public unpopularity, the officer's designation alone, or passage of time since the Act do not make it invalid.
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