controls of delegated legislation Flashcards
legislation
parliament can revoke delegated legislation or pass an Enabling Act on the same subject
negative procedure
Parliament vote against SIs
affirmative procedure
in certain circumstances some Enabling Act can only become law if agreed by both houses
the scrutiny committee
joint committee including members from both houses that hear evidence from government departments on SIs and recommend it to government
Standing committee
take pressure off the House of Commons by scrutinising DI on behalf of minister, subject to approval of whole house
substantive Ultra vires
goes beyond the power set out in the Enabling Act
procedural Ultra vires
a complain that procedures laid down in the Enabling Act has not been followed
unreasonableness Ultra vires
delegated legislation is so unreasonable that no reasonable body would make it
judicial review for prerogative orders
quashing
cancels the ultra vires decision
judicial review for prerogative orders
mandatory
this is an order to do something
prohibition
this is used to prevent something happening in the future
consultation
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