Controls on delegated legislation

Question 1

How does parliament control delegated legislation?

Answer 1

They check laws before they are passed and decide if they should be approved or not.

Question 2

What are parliaments 4 methods used to check laws?

Answer 2

1 - Parent act
2 - Scrutiny committee
3 - Positive resolution
4 - Negative resolution

Question 3

How do the courts control delegated legislation?

Answer 3

They investigate the laws after they have been passed and issues need to be reported to them through judicial review. The court need to consider if the body who made the delegated legislation has acted ultra vires (beyond their power).

Question 4

What are the 3 types of ultra vires?

Answer 4

1) Procedural ultra vires
2) Substantive ultra vires
3) Wednesbury unreasonableness.

Question 5

What does procedural ultra vires mean?

Answer 5

The correct procedure was not followed when the law was made (Aylesbury mushrooms 1972)

Question 6

What does substantive ultra vires mean?

Answer 6

The substance of the law was not what the body was allowed to do (AG vs Fulham corp)

Question 7

What does Wednesbury unreasonableness mean?

Answer 7

The law passed was so unreasonable that no reasonable person would thin of it and it is therefore wrong (APPH v Wednesbury corporation)

Question 8

What happens if the court makes an ultra vires verdict?

Answer 8

The law is null and void