Law-Controls on DL

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How does an Enabling Act control DL?
Can derive governments from making rash decisions. Parliament can remove laws/implement new laws
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Why is the Enabling Act ineffective?
Law-Making can take a long time so it is unlikely to implement new laws, Government may choose to ignore them making it ineffective
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How does the HoL Delegated Powers Commission control DL?
This gives advice as to when too much power has been delegated by Government Ministers
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Why is the HoL Delegated Powers Commission ineffective?
Government Ministers can just simply ignore it
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How does Consultation control DL?
Can speak to experts to give Ministers an idea of what to implement or change
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Why is the Consultation ineffective?
Government Ministers may just ask new or personal preference firms, they can also ignore their opinions
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How does Publication control DL?
Interested parties will be able to read about it as it will not be kept a secret.
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Why is Publication ineffective?
There is a lack of care for many Delegated Legislations
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What are the Parliamentary Controls on DL?
Affirmative and Negative Resolution
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What is Affirmative Resolution?
Where statutory instruments cannot become a law unless specifically approved by Parliament.
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Give an example of an Act that uses Affirmative Resolution
PACE 1984
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What is Negative Resolution?
Relevant statutory instruments are a law unless rejected by Parliament within 40 days.
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Give an example of an Act that uses Negative Resolution?
Bus Lane Conversion 2010
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Why is Question Time good?
Tough questions can be asked and (if no response) then it will force Ministers to change the law
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Why is Question Time Bad?
Even without it, weaknesses of the law can still be exploited
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What can the Scrutiny Committee look for?
Tax/Charges,Retrospective Effects, Gone Beyond the Powers or is unclear in some way
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What is the Committee made up of?
Members of the HoC or the HoL
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What is bad about the Committee?
They cannot alter the instruments themselves, Parliament can ignore them
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When can Parliament change the Acts and Why?
If they are serious legislation as they have a short period of time to deal with all legislations
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Other cards in this set

Card 2

Front

Why is the Enabling Act ineffective?

Back

Law-Making can take a long time so it is unlikely to implement new laws, Government may choose to ignore them making it ineffective

Card 3

Front

How does the HoL Delegated Powers Commission control DL?

Back

Preview of the front of card 3

Card 4

Front

Why is the HoL Delegated Powers Commission ineffective?

Back

Preview of the front of card 4

Card 5

Front

How does Consultation control DL?

Back

Preview of the front of card 5
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