Controls On Del Leg Flashcards
Why does Del leg need control?
Vast bulk of legislation that isn’t subject to scrutiny of pariliament process, not made by democratically elected officials
What are the controls by parliament
Enabling act
Resolution procedures for statutory instruments
Scrutiny committtes
Questioning of gov. ministers
Why is enabling act a control?
Enabling act sets limits of any del leg such as who can make, amend or repeal law.
Also sets out if they must consult others
Parliament can repeal or amend powers in enabling act at any time
Publication of SIs required under Statutory Instruments Act 1946
What is resolution procedures for SÍ?
Affirmative resolutions means SÍ will not become law unless approved by parliament by vote within 28-40 days
Negative resolutions means SI becomes law unless rejected in 40 days, any MP can object
How is scrutiny committee a control?
Parliament has large number of committed that scrutinises proposals to delegate power e.g. Delegated Powers and Regulatory Reform Committee
Other comittees consider lawful use of del leg
How is your uestioning of ministers a control?
Individual ministers can be questioned by MPs on work of their departments, including Del Leg
What are the controls by court?
Del leg can be challenged in courts by somebody with sufficient standing in judicial review in Adminstrative Court of Kings Binch Divisional Court
By substantive ultra vires, procedural ultra vires or unreasonable
What is substantive ultra vires judicial review?
Where secondary body has gone beyond powers granted to it
E.g. fire Brigades Union Case (1995)
Gov. Minister lacked power to make changes to Criminal Injuries and Compensation scheme
What is procedural ultra vires judicial review?
Where secondary body failed to follow correct procedures of Enabling Act
E.g. Aylesbury Mushrooms Case (1972) Minister of Labour failed to consult Mushroom Growers Association over establishing training board. DL void
What is unreasonable judicial review
Del leg so unreasonable no reasonable authority could ever come to it.
E.g. Wednesbury Case (1948)
No children could enter cinema on Sundays. DL void
