- Experts are usually consulted before the Delegated Legislation is passed therefore technical details should be okay.
- All Delegated Legislation is available for public scrutiny.
Limits of Initial Controls.
- There is too much Delegated Legislation
- 3000 Statutory Instruments alone are made each year.
- Few people look up, and read the Delegated Legislation.
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- Enabling Act
- Affirmative resolutions
- Parliament has to specifically approve an SI before it is accepted as law.
- Negative Resolutions
- An SI will become law unless rejected by Parliament within 40 days.
- Delegated Powers Scrutiny Committee
- Looks at the Enabling Act
- Scrutiny Committee
- Is a law unclear, retrospective, ultra vires, or imposing a tax?
Limits on Parliamentary Controls
- Enabling Acts are often too broad for Parliament to stop something they dislike.
- Negative/Affirmative resolutions are good, yet only allow Parliament to accept or deny a law, as opposed to amend it.
- Scrutiny Committee can not amend laws, and can only refer back to Parliament.
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Judicial Review looks at whether a law is beyond its power - Ultra vires.
- Substantive Ultra Vires
- The Enabling Act didn't give them the power to pass that specific Delegated Legislation.
- Strickland vs. Hayes Borough Council - he Council tried to ban swearing.
- Procedural Ultra Vires
- There's a problem with the way the DL was made.
- Aylesbury Mushroom Case - They didn't consult with Mushroom farmers.
Limits on Judicial Review
- Judicial Review depends on an individual starting a case.
- Unlikely as there is too much Delegated Legislation to keep track of and people don't want to go to court.
- It's difficult for a law to be ultra vires as Enabling Acts are often so broad.
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