Parlimentary Controls On DL

Question 1

What are parliamentary controls

Answer 1

Control that parliament impose not by courts

Question 2

Act given

Answer 2

Enabling act
Contains provisions to delegated body
Outlines duration of power, procedure that must be taken like consultation with businesses

Question 3

Negative resolution procedure

Answer 3

Not for human rights
Will become law unless rejected by parliament within 40 days

Question 4

What is it called when statutory instrument go in front of parliament in resolution procedure

Answer 4

Laid before parliament

Can use prayer motion to object to it

Question 5

Affirmative resolution procedure

Answer 5

Conflict with human rights

Will not become law unless laid before parliament within 40 days

Question 6

Resolution procedure time

Answer 6

40 days

Question 7

Scrutiny committee

Answer 7

Check DL once come into force
Can draw parliament attention to DL that needs further consideration

Question 8

Enabling act effective

Answer 8

Provisions that must be follows
Sets guidelines and process that must be followed
Given by parliament so democratic

Question 9

Enabling act disadvantages

Answer 9

Might be Broad like in AG V Fulham

Where washing facilities was meant to be showers yet was interrupted as clothes washing

Might not be listen too - ultra vires - aylesbury mushroom

Question 10

Affirmative prodedure advantages

Answer 10

Must her look at by parliament
Democratic
Ensure human rights are not encroached

Question 11

Affirmative disadvantage

Answer 11

Time consuming- need to be discussed in detail as concern human rights only have 40 days to check

Cannot amend only approve or withdraw

If not discussed that waste delegated body time as automatic withdrawal

Question 12

Negative advantage

Answer 12

Member of commons can raise objection and allow for debate

Democratic

Question 13

Negative disadvantage

Answer 13

To many to check -3400
Won’t be looked at in detail
Most is not challenge and leads to poor DL becoming law

Question 14

Scrutiny committee advantages

Answer 14

Control DL that has been passed that has gone beyond enabling act or imposes tax as only gov can do tax

Detect issues that are unclear or defective

Question 15

Scrunity committee disadvantages

Answer 15

3400 to many to check
Parliament don’t care what they say
Can only suggest issue not change or stop them becoming law