devolution

• What is devolution in government?

  Transferring power from Central to local government
• Which regions are mentioned in the context of devolution?

  Northern Ireland, Wales, Scotland
• Why is control important in legislation?

  Huge amounts of legislation are passed yearly
• What are the two main types of control in legislation?

  • Parliamentary controls
  • Judicial controls
• What does the Parenting Act do regarding delegated legislation?

  Limits the scope of delegated legislation
• What is the role of the Delegated Powers Scrutiny Committee?

  Checks the Enabling Act’s delegation setup
• What is an Affirmative Resolution in the context of SIs?

  SI requires approval from HoC and HoL
• What happens under a Negative Resolution for SIs?

  SI passes if no MP objects in 40 days
• What is the Super-Affirmative Procedure?

  Rarely used to oversee legislative reform Orders
• What does the Joint Committee on SIs (JCSI) do?

  Reviews all SIs for irregularities
• What happens if an SI imposes or changes a tax?

  It must be reviewed for compliance
• What is required for consultation in enabling acts?

  Consultation with interested parties is often required
• How can SIs be controlled by affected individuals?

  Through the process of Judicial review
• What does 'Ultra Vires' mean in the context of legislation?

  Legislation beyond the powers granted
• What is procedural ultra vires?

  When procedures from the parent act are not followed
• What was the Aylesbury Mushrooms Case (1972) about?

  Consultation procedures were not followed
• What is substantive ultra vires?

  When delegated legislation exceeds Parliament's intent
• What was the A-G v Fulham Corporation case about?

  Changing the scheme beyond intended powers
• What does unreasonableness in delegated legislation refer to?

  When the decision is unreasonable for any body
• What was the Associated Provincial Picture Houses LTD v Wednesbury Corp (1947) case about?

  Challenging an unreasonable licensing decision