Controls Judges ^ Flashcards
why do we need to control the judges?
unelected people = not democratic
undermines soverignity of Parliament
needs safeguards to prevent abuse of power
Approval of the Parent Act
limits their given power
info
- who has the power to make regulation
- what type of law is to be made
- who is it to effect
- whether other people need to be consulted
gov can withdraw the power given at any time
Negative Resolution Procedure
parliament has the power to reject statutory instruments
within 40 days
but too many created, they rarely read it and reject
Affirmative Resolution Procedure
parliament must accept it before it becomes law
can’t ammend it
- only accept or withdraw
Scrutiny by Commitees
some instruments will be checked that they meet the requirment
- not all as too many
not allowed to impose taxes, go beyond the power given to them
unclear - law not easy to understand
Joint Commitee
role to scrutinise
- don’t have the time
not retrospective law
- cant call guilty on someone if their crime was before the law was created
Effectiveness of Controls
just because we have them
- doesn’t mean it’s used
- too many to do it (3000)
takes too much time
rarely reads them
- dont withdraw