Controls on DL

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1) enabling act sets limits on the power given to bodies to pass DL. only the person/body specified has the power to make DL. Also sets how DL has to be made (procedures etc).

2) scrutiny committee made up of hoc and hol members has the power to review all SIs before they become law - will be reported to parliament if inappropriate law making powers are given under the EA. If the SI has not been made by the correct method. if its confusing.

3) affirmative resolution requires parliament to vote approval of the SI within 28-40 days.

4) negative resolution procedure - no action by parliament - SI becomes law within 40 days if not rejected by parliament by request.

5) removing powers by repealling the EA.

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courts can excercise control through judicial review. occurrs when judges are asked to review DL or decide whether or not its lawful.

defined by lord brown as excercise of the courts inherent power at common law to determine whether action is lawful or not.

can be challeneged under the doctrine of ultra vires - two types

procedural - EA sets out rules to be followed by the power given body. courts can find the DL to be UV and void if procedures arent followed.

substansive - DL goes beyond limits set by EA these can be declared uv and void- 

strickland v hayes - singing obscenities and swearing prohibited but no area given]

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