Controls on delegated legislation- paper 2

Question 1

Types of parliamentary controls

Answer 1

• enabling act
• negative resolutions
• affirmative resolutions
• questioning of government ministers
• scrutiny committee

Question 2

How does the enabling act control DL

Answer 2

-parliament chooses what powers to delegate
-decides which govt ministers to give power to
-specify where the DL applies
-parliament can also repeal the enabling act at any time which instantly removes the power originally given

Question 3

How do negative resolutions control DL

Answer 3

SI becomes law but can be automatically rejected by parliament within 40 days, there’s no debate on the issue

Question 4

How do affirmative resolutions control DL

Answer 4

-less common than the negative procedure
-usually applies to less important areas of the law
-following the introduction of the SI a debate will follow and both HoL and HoC must approve it
-SI cannot be amended, only approved or annulled

Question 5

How does questioning of govt ministers control DL

Answer 5

Govt ministers get questioned on how they’re using their power e.g. parliament called in home secretary on deporting to Rwanda.

Question 6

How does the scrutiny committee control DL

Answer 6

-They review all SIs
-Can draw attention to both houses on any SIs needing consideration
-Cannot alter any SIs can just refer them back to parliament

Question 7

Why might scrutiny committee refer an SI back to parliament

Answer 7

-SI imposes a charge
-SI applies retrospectively
-SI exceeds powers given in enabling act
-Unexpected/unusual use of powers
-unclear/defective in some way

Question 8

Type of control by the court

Answer 8

-Judicial review

Question 9

What is judicial review

Answer 9

Court can decide if DL is ‘void’ by declaring it ‘ultra vires’, the court will do this in 3 situations

Question 10

3 situations court declares DL void

Answer 10

-Goes beyond power granted by enabling act
-Did not follow the correct court procedure
-A decision made was unreasonable

Question 11

Case where DL goes beyond the power granted in enabling act

Answer 11

R v Home secretary ex parte FBU

Question 12

Case where DL did not follow the correct procedure

Answer 12

Agricultural training board v Aylesbury Mushrooms

Question 13

Case where DL was unreasonable

Answer 13

Rodgers v Swindon NHS trust