Controls over DL

Question 1

What are the two types of Controls on DL

Answer 1

• Parliamentary Controls
• Judicial Controls

Question 2

What are the 4 types of Parliamentary Controls

Answer 2

• Enabling Act
• Scrutiny Committee
• Negative Resolution Procedure
• Affirmative Resolution Procedure

Question 3

Explain The Enabling Act

Answer 3

• Sets out who can exercise delegated powers
• Limits the types of law to be made and whether they can be made for the whole country or just a certain place

Question 4

Advantage : Allows parliament to set limits, change or remove delegated powers. This upholds the sovereignty of Parliament

Answer 4

If the powers set out in the enabling act are drawn widely, it can make it difficult to bring judicial review proceedings. This gives too much power away to the executive.
E.g EU (Withdrawal) Bill

Question 5

Explain Affirmative Resolutions

Answer 5

Requires approval of both Houses within 40 days. E.g codes of Practice in Investigatory Powers Act 2016

Question 6

Adv of Affirmative Resolutions Procedure: Allows parliament to debate and vote on DL. It allows proper scrutiny to important issues.

Answer 6

Time Consuming procedure & only applies if provided in the Enabling Act & most SI are not subject to it.

Question 7

Explain the Negative Resolutions

Answer 7

If there are no objections to an SI within 40 days, it will become Law.

Question 8

Adv of Negative Resolutions: Allows MPs to raise objections towards any SI

Answer 8

There is no strict requirement to look at SI under this procedure. Results to unfair SI not being detected.

Question 9

Explain the Scrutiny Committee

Answer 9

• Scrutinizes SI to ensure there is none of the following:
• SI imposes tax or charge
• Lack of clarity

Question 10

Adv of Scrutiny Committee: Allows for detailed scrutiny to the SI. Detects any SI that is ultra vires & is unclear.

Answer 10

Has no power to alter any SI even when they discover a breach. They can only report issues to Parliament.

Question 11

Explain ultra vires

Answer 11

going beyond the powers set out in the Enabling Act.

Question 12

What are the 3 types of Ultra Vires.

Answer 12

• Substantive Ultra Vires
• Procedural Ultra Vires
• Unreasonableness Ultra Vires

Question 13

Explain Substantive Ultra Vires.

Answer 13

Delegated Body goes beyond their powers set out in Enabling Act.

E.g R v Home Secretary ex parte Fire Brigades UNion (1995)

Question 14

R v Home Secretary ex parte Fire Brigades UNion (1995)

Answer 14

Home sec had exceeding legal powers by refusing to implement a statutory scheme.

Question 15

Explain Procedural Ultra Vires.

Answer 15

Delegated body has failed to follow the correct procedure under the legislation.

E.g Agricultural Training Board v Aylesbury Mushrooms (1972)

Question 16

Agricultural Training Board v Aylesbury Mushrooms (1972)

Answer 16

• Minister of Labour set up a training board for mushroom growers via SI without consulting them.

Question 17

Explain Unreasonable Ultra Vires.

Answer 17

The DL is so unreasonable that no reasonable body would make it.

E.g APPH v Wednesbury Corporation (1948)

Question 18

APPH v Wednesbury Corporation (1948)

Answer 18

Wednesbury Council would only grant a licence to a cinema if children under 15 were not allowed, in order to boost school attendance.

Question 19

Adv: Allows a piece of DL to be challenged

Answer 19

however, it comes after the law has been created & the court might not be aware of it in time.