Controls on delegated legislations Flashcards
What is the role of the Enabling/Parent Act in delegated legislation?
It states which Government Minister can make it, the type of laws that can be made, and the area of the country to which it relates.
The Enabling Act provides the framework for the creation of delegated legislation.
How can Parliament control delegated legislation?
Parliament can amend or repeal the Enabling/Parent Act at any time.
This allows Parliament to change the scope or authority of the delegated legislation.
What is an affirmative resolution in the context of statutory instruments?
A small number of statutory instruments require specific approval by Parliament to become law.
An example is the police Codes of Practice under the Police and Criminal Evidence Act 1984.
What is the time frame for the affirmative resolution process?
The vote is usually required to happen between 28-40 days.
This ensures timely parliamentary oversight of certain statutory instruments.
What is a negative resolution regarding statutory instruments?
Most statutory instruments become law unless rejected by Parliament within 40 days.
This allows for a more streamlined approval process for less contentious legislation.
What mechanism allows MPs to inquire about delegated legislation?
Questions in Parliament can be asked by MPs to Government Ministers about proposed or current delegated legislation.
This promotes accountability and transparency in the legislative process.
What is the role of the Scrutiny Committee (Joint Committee on Statutory Instruments)?
It reviews all statutory instruments and can refer them back to both Houses of Parliament for various reasons.
Reasons may include imposing a tax or going beyond the powers given under the enabling Act.
What does the Delegated Powers Scrutiny Committee do?
It can report to Parliament with proposals for amending a statutory instrument.
This committee ensures that the delegated legislation remains within the intended scope of authority.
What is the purpose of the Merits of Statutory Instruments Committee?
It considers instruments and draft instruments presented to the House of Lords.
The committee assesses whether or not to approve these instruments based on their merits.
What is the purpose of drawing instruments to the special attention of the House?
To highlight reasons that may be politically or legally important, raise public policy issues, or be inappropriate due to changes since the passing of the Parent Act.
What can the courts (judges) do regarding delegated legislation?
They can challenge it by judicial review on the grounds that it is ‘ultra vires’ (beyond power). If ruled ultra vires, the legislation is void.
Who can challenge delegated legislation as ultra vires?
Anyone affected by the delegated legislation can make this challenge.
What is substantive ultra vires?
It occurs when delegated legislation exceeds the powers granted by Parliament in the enabling Act.
Example: R v Home Secretary ex parte Fire Brigades Union.
What is procedural ultra vires?
It occurs when the correct procedure for delegated legislation, as set out in the enabling Act, has not been followed.
Example: Aylesbury Mushrooms case.
What is unreasonableness in the context of ultra vires?
Known as ‘Wednesbury unreasonableness’, it is a ground for ruling delegated legislation as ultra vires.
Example: Strickland v Hayes Borough Council.
