Controls of Delegated Legislation
- Created by: Elli.H
- Created on: 15-10-18 19:43
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- 2 types of control of delegated legislation
- Control by parliament
- Checks on the enabling act
- sets the limit of the power to make the delegated legislation
- delegated powers scrutiny committee
- can only report back to parliament, can't make any amendments
- affirmative resolutions
- the piece of DL must be approved by both Houses of Parliament
- negative resolutions
- automatically becomes law within 40 days inless there is objection
- questioning of ministers
- MPs can question the minister who made the Delegated Legislation
- joint select committee on Statutory instruments
- can thoroughly review the DL but can't make amendments
- super affirmative resolutions
- only used for DL made under the Legislative and Regulatory reform act 2006
- Checks on the enabling act
- Control by the Courts
- Judicial Review is to decide if the DL is:
- beyond the powers given in the enabling act
- R v Home Secretary, ex parte fire brigade union (1995)
- unreasonable
- Strictland v Hayes (1896)
- failed to follow correct procedure
- Aylesbury Mushroom Case (1972)
- beyond the powers given in the enabling act
- Judicial Review is to decide if the DL is:
- Control by parliament
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