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
    • 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)


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