Controls Of Del Leg Flashcards
Parliament controls
The enabling act
Resolution procedures
Scrutiny committees
What may the Parent enabling act do
Parliament may repeal the del leg or amend it at any time. The act may lay down strict requirements, limitations and procedures
Advantage of parent enabling act
Sets out a framework that they should follow creating certainty
Disadvantage of parent enabling act
Sometimes they don’t follow the framework
What are the different resolution procedures
Negative
Affirmative
Super affirmative
Negative resolution
Is limited. Instrument is laid before parliament for 40 days if it’s not checked it will still become law. Most acts aren’t checked within 40 days, this is a major issues as we won’t know if the stat i’s are any good
Affirmative resolution
Parliament has to vote and check it, this can be time consuming
Super affirmative resolution
Exists to exercise a greater degree of control over del leg known as legislative reform orders (LRO) made under the legislative and regulatory reform act 2006 which gives ministers very wide powers to fix an act
Scrutiny committee
Parliament has a number of committees that scrutinise del leg
They have no power
They draw attention to the problems
Affirmative
Allows to check it
Negative
Checks it hardly
Super affirmative powers
Allows to change acts
Scrutiny committee powers
Scrutinise del leg
Judicial review
You challenge del leg if it effects you, but this costs money
If it’s successful it will be decided to be ultra vires
Ultra vires
Beyond their powers
Three types of ultra vires
Procedural
Substantive
Unreasonable
Procedural ultra vires
Failed to follow procedure
Substantive
Gone beyond their powers
Used authorised powers in an unauthorised way
Unreasonable
Del leg is passed but it’s unreasonable
Procedural case
Aylesbury mushroom case
Aylesbury mushroom case
Minister failed to consult mushroom growers association which represented 85% of all mushroom growers
Substantive case
R v Home Secretary exp fire brigades union
R v Home Secretary exp fire brigades union
Home Secretary made changes to criminal injuries compensation scheme. Changes heldnto have gone beyond power given by the criminal justice act 1988
Unreasonable case
Strictland v Hayes BC
Strictland v Hayes BC
Bylaw was passed prohibiting singing/ reciting any obscene song/Ballard and use of obscene language generally. This was held to be unreasonable
