parliamentary controls

• Parliamentary controls

  • THE ENABLING ACT

  1. sets out scope of delegated powers
  2. sets out who can exercise delegated powers
  3. sets out procedure that must be followed
  4. can be repealed
• evaluation of the enabling act as a control

  • advantage

  it allows parliament to set limits, change, or remove delegated powers which upholds the sovereignty of parliament

  • disadvantage

  if the powers set out in the enabling act are drawn widely, it can make it difficult to bring judicial review proceedings which gives too much power away from parliament to the executive
• parliamentary controls

  • AFFIRMATIVE RESOLUTIONS

  1. both houses of parliament must approve within 40 days e.g codes of practice in investigatory powers act 2016
• evaluation of affirmative resolution as a control

  • advantages

  1. it allows parliament to debate and vote on delegated legislation which upholds the sovereignty of parliament
  2. it allows proper scrutiny of important issues

  • disadvantages

  1. time consuming
• parliamentary controls

  • NEGATIVE RESOLUTIONS

  1. s16 LRRA 2006
  2. draft order laid before parliament
  3. if no objection within 40 days, becomes law
  4. used mainly for uncontroversial provisions
• evaluation of negative resolutions as a control

  • advantages

  1. it is quick
  2. MPs can still raise objections

  • disadvantages

  1. most statutory instruments become law this way no debate or vote
  2. unfair or poor drafted SI may not be detected
• parliamentary controls

  • JOINT COMMITTEE

  1. considers all statutory instruments
  2. members form both houses ; politically balanced
  3. assesses technical quality of SIs, not merits
  4. decides whether to draw to special attention of each house
• evaluation of joint committee on statutory instruments

  • advantages

  1. it allows for derailed scrutiny of delegated legislation
  2. should detect statutory instruments that are unclear or defective
  3. should detect SIs that are ultra vires or male unexpected use of powers

  • disadvantages

  1. cannot consider the merits of delegated legislation
  2. can only report issues to parliament
  3. it’s concerns may not be addressed by parliament