controls of delegated legislation Flashcards

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1
Q

legislation

A

parliament can revoke delegated legislation or pass an Enabling Act on the same subject

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2
Q

negative procedure

A

Parliament vote against SIs

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3
Q

affirmative procedure

A

in certain circumstances some Enabling Act can only become law if agreed by both houses

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4
Q

the scrutiny committee

A

joint committee including members from both houses that hear evidence from government departments on SIs and recommend it to government

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5
Q

Standing committee

A

take pressure off the House of Commons by scrutinising DI on behalf of minister, subject to approval of whole house

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6
Q

substantive Ultra vires

A

goes beyond the power set out in the Enabling Act

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7
Q

procedural Ultra vires

A

a complain that procedures laid down in the Enabling Act has not been followed

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8
Q

unreasonableness Ultra vires

A

delegated legislation is so unreasonable that no reasonable body would make it

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9
Q

judicial review for prerogative orders

quashing

A

cancels the ultra vires decision

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10
Q

judicial review for prerogative orders

mandatory

A

this is an order to do something

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11
Q

prohibition

A

this is used to prevent something happening in the future

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12
Q

consultation

A

enabling acts must only be used after consultation with various named organisations or persons
those involved in a consultation have no power to insist on changes however effective argument can cause changes to be made to the wording of rooms

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