Challenging Grab Car Regulations
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Alya DiyanahChallenging Grab Car Regulations
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Alya DiyanahCommon questions
Powered by AIExclusion of court review can significantly undermine the fairness of subsidiary legislation by preventing judicial scrutiny of potentially flawed or unlawful regulations. If not authorized by the Parent Act, such exclusions may violate principles of justice and checks and balances, as seen in Chester v Bateson, where the court invalidated regulations for unlawfully prohibiting judicial review .
The principle of Financial Levy states that levies or taxes cannot be imposed through subsidiary legislation without explicit authorization from the Parent Act. The RM2000 transportation tax on Grab Cars is invalid under this principle because there is no express provision in the Grab Car Act 2018 allowing such a levy to be imposed by the Minister, as highlighted by the precedent case AG v Wilts United Dairies .
Mandatory procedures in creating subsidiary legislation ensure legal compliance and procedural integrity by enforcing requirements like consultation, notification, and parliamentary approval. These procedures preserve the democratic process and legal accountability, and their omission, as in the Grab Car regulations, can lead to findings of procedural ultra vires, invalidating the legislation .
Declaring subsidiary legislation unreasonable invalidates laws that are illogical or inconsistent with societal norms. In Air India v Nergesh Mirza Air, the court deemed regulations requiring hostesses to retire upon their first pregnancy unreasonable. This illustrates judicial oversight preventing capricious or discriminatory regulations and ensuring legislative alignment with societal values and logic .
In this case, the court ruled that the regulations were not binding because the mandated consultation with the concerned industry was not conducted. The judgment emphasized that mandatory consultation is more than a formality; it is a substantive requirement that, if omitted, can render the legislation procedurally ultra vires. This principle underpins the necessity of engaging stakeholders and ensuring due process in legislative activities .
The exclusion of judicial review is significant because it prevents the courts from overseeing and potentially invalidating unreasonable or procedurally flawed regulations. The Grab Car regulations state that the Minister's decisions are final and cannot be challenged in court. This exclusion is improper unless expressly allowed by the Parent Act, thus compromising the checks and balances inherent in judicial review .
Danny can challenge the regulations by arguing procedural ultra vires, as they were not tabled in Parliament as required, and by contesting the imposition of the transportation tax which lacks explicit authorization in the Parent Act. Additionally, he can challenge the exclusion of court intervention and the unreasonable exclusion of national cars, drawing on principles from relevant case law, such as AG v Wilts United Dairies and Chester v Bateson .
A financial levy can be considered valid if the Parent Act explicitly authorizes the subordinate legislation to impose such levies. The absence of an express provision in the Parent Act renders the levy invalid, as demonstrated in cases like AG v Wilts United Dairies. The levy must also adhere to standards of reasonableness and procedural correctness .
Procedural Ultra Vires refers to the failure of an administrator to follow legally mandated procedures when creating subordinate legislation, thereby exceeding their legal authority. In the context of the Grab Car Act 2018, the Minister of Transportation failed to table the regulations in Parliament before enforcement, as required by the Act. This procedural misstep renders the regulations ultra vires because the mandatory process was not adhered to .
The prohibition is deemed unreasonable as it arbitrarily excludes a significant segment of potential Grab Car providers without apparent justification. Similar to the case of Air India v Nergesh Mirza, where policies were found to be illogical and contrary to societal standards, the exclusion of national cars lacks rational basis and fairness, making it unreasonable under legal scrutiny .
