About Lesson
The judiciary looks into the following aspects to determine the legal validity of the rules so made using the power so delegated-
- If the administrative legislation is ultra-vires the Constitution.
- If the administrative legislation is ultra-vires the Parent Act.
- If the administrative legislation is arbitrary, unreasonable and discriminatory.
- If the administrative legislation is malafide.
- If the administrative legislation encroaches upon the rights of private citizens derived from the common law, in the absence of an express authority in the Parent Act.
- If the administrative legislation is in conflict with another statute.
- Power of the legislating authority to legislate the rule.
- If the administrative legislation is vague.