Judical and Parliamentary controls

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  • Created by: B
  • Created on: 02-01-16 18:06

Parliamentary Controls

Intial controls over who to delegate legislation to: PM decide who to delegate power to. In the Parent Act it sets out the framework and limitations. Relevant parties should be consulted

PM has the right to inspect any legislation: The joint select committee have no power to amend bills, they pass their findings to the houses of PM. They check for:

  • Imposing taxes and charges
  • Retrospective effect
  • Unusual use
  • Unclear/defectiveNegative resolution:
  • Parliament puts forward a motion to annul it before it becomes the law. Can only be approved,annuled or withdrawn Affirmative resolution
  • Both houses vote before it becomes law. This is used for the most important legislation

PM can revoke powers if they are being abused

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Judicial Controls

  • A review by judges, when a case has been brought forward by an interested party. It can be declared ultra vires

Procedural: Agricultural Training Board V Aylesbury Mushrooms Ltd

  • The minister failed to follow the procedure set in the Parent Act as he didnt consult the relevant parties
  • He failed to consult the 'Mushroom Growers Association' who made up 85% of all mushroom growers

Substantive: Strickland V Hayes

  • The city was trying to prevent the singing of obsene songs
  • It was delared ultra vires as it said 'adjacent thereto' effecting private land

They can also be declared ultra vires if:

  • Conflicts Eu legislation
  • Levies tax
  • The Wenesbury reasonable test: unjust,peverse or in bad faith
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