Controls on Delegated Legislation A03

Question 1

What are the 4 evaluations WDPs for controls on delegated legislation

Answer 1

Enabling act
Process of judicial review
Ultra Vires
Affirmative Resolution

Question 2

+P1: enabling act ensures that parliament retains control over..

Answer 2

what powers are delegated (can repeal powers at any time) - effective

Question 3

+DP1: allows parliament to limit, amend or revoke - upholds parliamentary sovereignty (case)

Answer 3

Strickland v Hayes (bylaw prohibiting singing in private or public, parliament rejected)

Question 4

+P2: judicial review allows anybody to challenge…

Answer 4

promotes faith in the system + fairness in courts

Question 5

+DP2: public have a powerful mechanism to..

Answer 5

challenge public authority - upholds democracy

Question 6

-WDP2: JR is expensive and time consuming

Answer 6

restrictive time period of 3 months

Question 7

+P3: Ultra vires ensures public bodies cannot exercise..

Answer 7

arbitrary power - upholds rule of law

Question 8

+DP3: R v [Ann Summers] v Job Centre+ shows how…

Answer 8

PB can be successfully challenged = effective process

Question 9

-WDP3: UV is arguably ineffective as many are

Answer 9

unaware of judicial review as an option and will not pursue it

Question 10

+P4: Affirmative resolution rigorous procedure involving scrutiny

Answer 10

little room for errors

Question 11

+DP4: ensures faulty statutory instruments don’t become law automatically…

Answer 11

(need to be approved within 28 days) upholds SoP keeping checks and balances

Question 12

-WDP4: affirmative resolution only applies to 10% of instruments

Answer 12

90% become law with little scrutiny = problematic