Controls over Delegated Legislation

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  • Controls over Delegated Legislation
    • Negative Resolusion
      • delegated legislation becomes law after 40 days if Parliament does not object to it
        • unlikely parliament will look at SI
    • Affirmative Resolution
      • Parliament has to approve the SI
      • time consuming cannot be used for all SIs
    • Super Affirmative Resolution
      • the appropriate committees of either House has 60 days to make resolutions and recommendations to the draft order
        • only for SIs made under Legislative and Regulatory Reform Act 2006
    • Judicial Review
      • anyone affected by delegated legislation can ask for judicial review
      • ultra vires- court can declare delegated legislation void
        • only is correct procedure hasn't been followed or goes beyond powers
    • Scrutiny Committee (1993)
      • looks at proposed powers before they are enacted
      • ensures only appropriate powers are given
      • no power to amend bills
    • Scrutiny Committee (1973)
      • no taxes are imposed
      • ministers doesn't go beyond powers
      • not back dated
      • only technical check , cannot make changes can only report to parliament
    • Enabling Act
      • Parliament sets limits on powers
        • powers in act may be very wide


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