advantages and disadvantages of controls on delegated legislations Flashcards
What is one advantage of controls on delegated legislation?
They limit the power of delegated legislation
This control is exercised through mechanisms such as the enabling Act and the Scrutiny Committee.
What are two key committees involved in the control of delegated legislation?
- Scrutiny Committee
- Delegated Powers Scrutiny Committee
These committees help ensure that delegated legislation is scrutinized before it is enacted.
How does the judiciary control delegated legislation?
Through judicial review
Judges are independent from government and are experienced, expert lawyers.
What is a disadvantage of controls on delegated legislation?
The large volume of delegated legislation means not all of it will be given proper scrutiny
This can lead to oversight of important details.
Why is delegated legislation considered too complex for proper scrutiny?
It is too technical and complex for non-experts
This complexity makes it difficult for committees to thoroughly evaluate all aspects.
What is the limitation of the Scrutiny Committee and the Delegated Powers Scrutiny Committee?
They can only make checks, not changes
This means they can point out issues but cannot modify the legislation.
What ultimate control does Parliament have over delegated legislation?
Parliament can repeal the enabling Act
Repealing the enabling Act effectively removes the authority for the delegated legislation.
What power do courts have concerning delegated legislation?
They can declare delegated legislation as void if it is ultra vires
This means the legislation exceeds the powers granted by the enabling Act.
What is a disadvantage of very wide powers in an enabling Act?
Very wide powers may still be given, and it is difficult to remove an Act.
What does the limited nature of ultra vires mean?
Delegated legislation can only be declared ultra vires if challenged by someone affected.
What is an advantage of the controls on delegated legislation?
The controls are democratic, as Parliament is mainly elected.
How do judges in the courts represent democracy?
Judicial review is widely available, allowing anyone affected by the delegated legislation to ask for it.
What is a disadvantage of the controls on delegated legislation?
The controls are time consuming.
What is an example of a time-consuming procedure in delegated legislation?
The affirmative resolution procedure takes a lot of time.
What challenges are faced when bringing a court case against delegated legislation?
The expense, time, and determination needed to bring a court case against the government or a public body with greater resources means that delegated legislation remains unchallenged.
