Delegated Legislation: Controls of DL: Parliament Flashcards
Why is there controls of delegated legislation?
As elected representatives don’t directly make DL, need to make sure the power is not abused
What is the Enabling Act?
Made before law-making power is delegated
What is included in the Enabling Act?
Who the law-making power is delegated to and the procedure they must follow if they want to use it
Some may speciy a period of consultation is necessary before laws are made
What is the Enabling Act used for?
All types of DL
What can Parliament do with their controls?
Repeal the powers in the Enabling Act at any time as well as limit or extend them
What is affirmative and negative resolution procedure used for?
Statutory Instruments
What is negative resolution procedure?
DL passed to Parliament
If after 40 days, no one has objected to the law, it becomes permenant
What is affirmative resolution procedure?
SI must be debated and voted upon by one HoP before becoming law
If controversial, Parliament set instructions in EA and AR must be passed
E.g., abortion/rape
How does super affirmative procedure affect Parliaments control?
Not procedure to pass SI
Change/annul SI
Reduces Parliamentary control
Allows ministers to change SI if made within 60 days
What is one scrutiny committee?
Joint Committee on SI
What is the Joint Committee on SI?
Consists of members from HoC and HoL checking SI
If any errors, report findings back to Parliament but can’t make changes themselves
