to a supervisory role that is the decision or rule and the decision or rulemaking process. If the High Court finds the decision or the action being
flawed, then it may quash it but it will then be for the decision or rule
maker to reconsider the decision or rule. So, if the court nullifies the
Regulations the Minister would still be at liberty to make new
Regulations provided, he avoids committing the same mistakes for,
certiorari does not go that far.
It is clear as correctly noted by learned senior state attorney that
from page 1 to page 7 of the applicants’ submission, an attempt has
been made to discuss on the case laws and principles relating to judicial
reviews. Those principles, in my view, are sound and may be of
assistance to this application whereby the applicants are seeking to
challenge the Minister’s rule-making procedure and the Regulations
promulgated therefrom.
Generally, courts review the validity of a subsidiary legislation by
applying the doctrine of ultra vires in that the subsidiary legislation may
be declared void if it is made in excess of statutory authority conferred
by the parent Act or a particular mandatory procedure prescribed by the
parent Act has not been followed or is contrary to the Constitution.
In the same vein, the parent Act would most times set out the
procedure to be followed to enact any subsidiary legislation under it. It
would also set out the nature and substance of such subsidiary
legislation so that where there is a defect in procedure adopted to pass
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