controls on delegated legislation - parliament

Question 1

the enabling act

Answer 1

• parliament controls DL by passing an enabling act
• limits the power of the people who make DL by stating what can and cannot be done
• parliament can also repeal, limit, and extend this

Question 2

affirmative resolutions

Answer 2

• statutory instrument will not become law until approved by parliament
• takes place in the form of a debate
• necessary procedure - stated in the enabling act
• must be voted within 28-40 days of it being laid before parliament

Question 3

negative resolutions

Answer 3

• statutory instrument will become law unless rejected by parliament within 40 days
• new piece of DL will be left in the lobby of parliament so MP’s can check it

Question 4

scrutiny committee

Answer 4

• parliament has a number of committees that scrutinise DL

Question 5

scrutiny committee - what does the Joint Committee ensure statutory instruments don’t do?

Answer 5

• impose a tax or charge (as only elected bodies have the right)
• appear to have retrospective effect which wasn’t provided by the enabling act
• gone beyond the powers given under the enabling legislation
• makes some unusual use of those powers