Control's Effectiveness

• Enabling Act

  Effective:

  • Parliament sets limits of power
  • Parliament can repeal EA = DL taken away

  Not effective:

  • EA sets out broad principles
  • Risk of disagreeing with what the act says
• Negative Resolutions

  Effective:

  • Simple, quick process
  • Time not wasted
  • 3000 a year - most common

  Not effective:

  • Over 3000 instruments passed a year = ineffective laws passed without checking
• Affirmative Resolutions

  Effective:

  • The instrument must be expressly approved by parliament so ineffective laws noticed

  Not effective:

  • Checking takes time which defeats purpose of DL
  • Parliament can't amend it, only review.
• Scrutiny Committee (JSCSI)

  Effective:

  • 3000 proposed each year which are checked for major flaws
  • E.g. Imposing a tax
  • Not Effective:
  • Very limited power - cannot amend, only refer to parliament for special attention
  • Not subject experts = may not recognise problematic law
• Judicial Controls


  Effective:

  • People with "standing" allowed to challenge the law
  • Expert witnesses review is DL exceeds power given by EA.

  Ineffective:

  • Very difficult to prove you have "standing" = not everyone can challenge the law
  • Goes against a government department/local authority - slim chances of winning