Controls of Delegated Legislation Flashcards
Controls By Parliament
-Approval of the Parent Act (some may still abuse power)
-Negative resolution Procedure
-Affirmative Resolution Procedure
-Scrutiny by Committees
Negative resolution procedure
-40 days to reject any delegated legislation, however too much delegated resolution to review
Affirmative Resolution procedure
-must have parliament’s approval before it becomes law, however they don’t have time so only used for high profile laws.
Scrutiny by Committees
-a committee reviews delegated legislation; it has more time than parliament however it cannot cover all due to the large amounts of delegated legislation created
Judicial Review (Control by Courts)
-Judicial Review: Judges review delegated legislation and decide whether it is Ultra Vires and any piece of delegated legislation can be challenged by any person directly affected by it, takes place at the king’s bench division within the high court)