Delegated Legislation: Parliamentary & Judicial Controls Flashcards
What are the two types of control on delegated legislation?
Parliamentary and judiciary
What are the four types of parliamentary control?
Affirmative resolution, negative resolution, scrutiny committees and limits imposed by Enabling Act
What is the affirmative resolution procedure?
Enabling Act states it will not become law until approved by both houses within 28 days, without this it will not become law
What is the negative resolution procedure?
Enabling Act states that a SI will automatically become law unless either house proposes to reject it in 40 days, more common, debate and vote and law can be annulled
What are the two types of scrutiny?
HoL Delegated Powers Scrutiny Committee and Joint Select Committee on Statutory Instruments
What is the HoL Delegated Powers Scrutiny Committee?
Examines the bills that are going to become enabling acts for anything that introduces inappropriate powers, reported to HoL but does not have power to amend
What is the Joint Select Committee on Statutory Instruments?
Reviews all statutory instruments and refers to both houses if they go beyond the power of the act, haven’t followed rules of the act, imposed a tax or are unclear/defective
What is meant by limits imposed by the Enabling Act?
Parliament has some control at the time the enabling act is made, sets the limits for legislation
What is judicial review?
Allows a citizen the right to challenge the legality of the delegated legislation in the High Court
What three things can a judge rule to make delegated legislation void?
Ultra vires (procedural and substantive) and unreasonableness
What is procedural ultra vires?
Focuses on how delegated legislation was made, must be shown that the correct procedure was followed and the enabling act will specify what this is
What case can be used an an example of procedural ultra vires?
Agricultural Training Board v Aylesbury Mushrooms, the enabling act said all interested parties must be consulted before the change, the mushroom growers received a letter after the law was brought in, ruled that this did not follow the correct procedure
What is substantive ultra vires?
Subordinate body passes a law it does not have the power to make it or exceeds the power given
What case can be used as an example of substantive ultra vires?
Attorney General v Fulham Corporation, under the Baths and Warehouse Act local councils could set up facilities for people to wash their own clothes, however they also offered a laundry service to wash peoples clothes for them, this went above the given power
What is unreasonableness?
If no reasonable public body would make the same decision then the law is unreasonable and void
