Controls on Delegated legislation

HideShow resource information
View mindmap
  • Controls on Delegated Legislation
    • Controls by Parliament
      • Parliament decide who to delegate law making power to. Within the parent act they set out:
        • Boundaries for controls of law making
          • The delegated scrutiny committee ensure that power has been delegated in the correct way
            • who makes the law
            • Parliament has the power to inspect all delegated legislation
              • The joint select committee has no power to amend bills but they can pass their findings back to the House of Commons and the House of Lords. They check for:
                • A retrospective effect
                • if it imposes tax
                  • Resolution takes place. There are two types. Parliament has no power to amend but they can approve/annul or withdraw the bill.
                    • A retrospective effect
                    • It is unclear
                    • Affirmative resolution is for the most important DL. Both houses vote to see if it should become law.
                      • Parliament can withdraw all law making power. They do this when:
                        • If the joint select committee keep passing back bad laws
                        • Iff laws fail to pass resolution procedure.
                    • Negative resolution is where the DL stays for 40 days and if it isn't challenged it automatically comes into effect
                      • Parliament can withdraw all law making power. They do this when:
                        • If the joint select committee keep passing back bad laws
                        • Iff laws fail to pass resolution procedure.
                • It is unclear
                • It goes beyond delegated powers
                  • Resolution takes place. There are two types. Parliament has no power to amend but they can approve/annul or withdraw the bill.
                    • Affirmative resolution is for the most important DL. Both houses vote to see if it should become law.
                      • Negative resolution is where the DL stays for 40 days and if it isn't challenged it automatically comes into effect
            • who makes the law
        • Control by the Courts (Judicial Control)
          • The courts can review any piece of delegated legislation and can decide validity.
            • However, they cannot review Acts of parliament.
          • Takes place in the High Court
          • Only an interested party can challenge the validity.
            • An interested party is anyone affected by delegated legislation
          • If a law has gone beyond their powers then the DL is declared void as it is ultra vires.
        • Delegated Legislation can be declared void if:
          • Is unreasonable.
            • This must offend the morals of normal people.
          • Allows sub-delegation
          • It conflicts with EU legislation
          • Raises taxes

      Comments

      No comments have yet been made

      Similar Law resources:

      See all Law resources »See all Delegated legislation resources »