Delegated Legislation - Parliamentary Controls

Question 1

List 5 Delegated Parliamentary Controls

Answer 1

1) The Enabling Act
2) Laying Before Parliament
3) Questions in Parliament
4) Joint Select Committee
5) Henry VIII Clauses

Question 2

How can Parliament control DL through the Enabling Act?

Answer 2

They can set boundaries and limitations of the power to make DL
They can repeal the Enabling Act

Question 3

What are the 3 types of Laying Before Parliament?

Answer 3

1) Affirmative Resolution
2) Negative Resolution
3) Super-Affirmative Resolution

Question 4

What is Affirmative Resolution?

Answer 4

Statutory Instrument must be voted on by Parliament before it has effect

Question 5

What is negative resolution?

Answer 5

The SI will become law unless challenged by Parliament within 40 days

Question 6

What is super-affirmative resolution?

Answer 6

The Minister must have regard to any representations, any resolution of either House or any recommendations by a committee of either House

Question 7

What is Questions in Parliament?

Answer 7

MPs can question Ministers on the work of their department and proposed regulations

Question 8

What is a Joint Select Committee?

Answer 8

Review all SIs
Technical Review
Can refer SI to Houses if it imposes a tax, appears to have a retrospective effect or appears to go beyond the powers set out in the Enabling Act

Question 9

What is a Henry VIII Clause?

Answer 9

Allows Ministers to repeal old laws without having to go through Parliament

Question 10

Give 2 ways that Parliamentary Controls are effective.

Answer 10

1) All SIs are reviewed by Scrutiny Committee

2) Enabling Act allows Parliament to control DL

Question 11

Give 2 ways that Parliamentary Controls are ineffective

Answer 11

Impossible to scrutinise all 3000 pieces of DL

Parliament could make a mistake in the Enabling Act