Deligated Legislation Flashcards
1
Q
What is delegated legislation ?
A
Type of law made by person or body other than parliament with authority of an act of parliament.
2
Q
Parliamentary controls
A
- Affirmative resolution
- super affirmative resolution
- negative resolution
- consultation
- joint committee on stat instrument
3
Q
Doctrine of ultra vires
A
= gone beyond powers given in the enabling act
4
Q
Procedural ultra vires
A
- Procedures set in parent act not followed
- Aylesbury mushroom
5
Q
Substantive ultra vires
A
- Exparte fire brigade
6
Q
Unreasonableness
A
- comes from case of Wednesbury Corp
- minister considers things they shouldn’t or doesn’t consider matters they should have
7
Q
What is affirmative resolution ?
A
