Controls on delegated legislation

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Created by
charlotte brown

Cards (6)

  • Control by parliament 
    o   Checks on the enabling act – setting boundaries for the powers
  • Control by parliament
    o   Affirmation resolution – statutory instruments will not become law unless approved by parliament 
  • Control by parliament
    o   Negative resolution – statutory instruments will become law unless rejected by parliament 
  • Control by parliament
    o   Scrutiny committees – draw attention to points that need further consideration 
  • Control by the courts
    o   Ultra vires – voiding the legislation if it goes beyond the powers given by parliament 
  • Delegated legislation can be challenged on the grounds that:
    -       It goes beyond the powers of the Enabling Act (R v Home Secretary)
    -       It failed to follow correct procedure (Aylesbury Mushrooms)
    -       It is unreasonable (Association Picture Houses)