Delegated Legislation

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  • Created by: 10dhall
  • Created on: 17-05-17 16:57
What are the types of ultra vires?
Substantive and procedural
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What is substantive ultra vires?
This is when the body has used powers outside of what the enabling act gave them
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What is a case example of substantive ultra vires?
Strickland v Hayes: created a statute involving words involved in songs
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What is procedural ultra vires?
This is when the body does not follow the correct procedure in which the enabling act said to do
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What is a case example of procedural ultra vires?
Aylesbury Mushroom Case: where he failed to consult with another organisation
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What are the Parliamentary controls over delegated legislation?
The enabling act, the negative procedure, the super-affirmative procedure and the positive procedure
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Information about parliamentary controls in terms of the enabling act?
The enabling act can be removed/revoked and amended at any time, it lays out the scope of the powers it gives, sets limitations and strict procedures, parliament might be required to vote its approval, publication of SI's required, consultation w GM
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What Act states that there must be publication of SI's?
The Statutory Instruments Act 1946
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What is the negative procedure?
This is where a regulation will automatically become law within 40 days if Parliament does not seek to change it, Parliament can either kick the whole thing out and cannot make amendments. Most commonly used procedure
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What is the positive procedure?
This is when the House of Commons actually has to agree to the set of regulations, but again cannot make amendments only kick out/agree. Parliament scrutiny is limited here, and some SI's cannot be used in this procedure: commencement orders
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What is the super-affirmative procedure?
This was created to allow government to repeal law through SI's, gives Parliament more power. Can only be used when law imposes a burden, not to make new tax/new criminal offence/change human rights act
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Who must government ministers consult in the process?
The organisations involved, the law commission and the welsh assembly
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What act brought it in?
The legislative and regulatory reform act 2006
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How many days will it sit before Parliament?
60
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What are the Scrutiny Committee's?
Joint Committee, HOL delegated powers scrutiny committee, and the HOL merits of statutory committee
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What do the joint committee do?
They work on statutory instrument to make sure that they do not impose any tax charges, have retrospective effect, or go beyond the powers given to them under the enabling act
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What do the House of Lords delegated powers scrutiny committee do.
They keep constant review of the extent to which legislative powers are delegated by parliament to gm's, and also examines bills and the powers which allows SI's to be made before they reach the House process
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What do the HOL merits of statutory committee do?
They examine the policy merits
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What are the court controls?
Control DL through the doctrine of precedent, takes place in the QBD, based on ultra vires, allows parties to challenge lawfulness of decision making and substantive and procedural ultra vires
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What are the advantages of delegated legisltaion?
It allows parliament to focus on bigger problems, saves parliaments time, local knowledge, quickly, specialist expert
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Disadvantages?
Undemocratic, lack of debate and publicity, lack of parliament scrutiny, lack of judicial review
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Card 2

Front

What is substantive ultra vires?

Back

This is when the body has used powers outside of what the enabling act gave them

Card 3

Front

What is a case example of substantive ultra vires?

Back

Preview of the front of card 3

Card 4

Front

What is procedural ultra vires?

Back

Preview of the front of card 4

Card 5

Front

What is a case example of procedural ultra vires?

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