Delegated legislation- parliamentary controls+ advantages/ disadvantages

Question 1

What is meant by a parliamentary control?

Answer 1

-delegated legislation to ensure power is being used correctly.

Question 2

What are the four parliamentary controls on delegated legislation?

Answer 2

1. Enabling act
2. House of lords delegated powers scrutiny commitee.
3. Affirmative & negative resolution procedures
4. Joint select commitee on statutory instruments.

Question 3

How does an enabling act ensure delegated legislation is being used accordingly?

Answer 3

-make sure enabling act worded properly
-states who the power is going to and proceadure to use it.

Question 4

How does the house of lords delegated powers scrutiny commitee ensure delegated legislation is being used accordingly?

Answer 4

-any powers being given checked by commitee
-will report findings before commitee stage

Question 5

How do affirmative and negative resolution procedures ensure delegated legislation is being used accordingly?

Answer 5

-a vote with parliament approving/annulling (affirmative)
-negative- parliament cancel delegated legislation if mp motions to annul in 40 days.

Question 6

How does the joint select commitee on statutory instruments ensure that delegated legislation is being used accordingly?

Answer 6

-checks statutory instruments made properly.
-make parliament aware of concerns.

Question 7

What are the judicial controls on delegated legislation?

Answer 7

1. Procedural ultra vires
2. Substantive ultra vires
3. Unreasonableness.

Question 8

What is meant by procedural ultra vires?

Answer 8

-if procedure set out in enabling act
-must follow or go to court.

Question 9

Example of a court case for procedural ultra vires?

Answer 9

AHFT Board v Aylesbury Mushrooms Ltd- didn’t consult mushroom organisation.

Question 10

What is meant by substantive ultra vires?

Answer 10

-declared void if it did something it did not intend.

Question 11

Example of court case for substantive ultra vires?

Answer 11

R (Ann Summers Ltd) v Jobcentre Plus (2003)- refusing to advertise Ann summers.

Question 12

What is meant by unreasonableness in terms of delegated legislation?

Answer 12

-where law made under act is deemed unreasonable.

Question 13

Which case is associated with unreasonableness?

Answer 13

Picture houses V Wednesbury- tried to allow itself to open on sundays.

Question 14

What are some advantages of delegated legislation?

Answer 14

1. Saves time
2. no need for expertise
3. emergency laws
4. revoked/ changed easily

Question 15

What are some disadvantages of delegated legislation?

Answer 15

1. undemocratic
2. large amount of scrutiny but is it effective?
3. lack of public knowledge