Controls over Delegated Legislation
- Created by: Rachael_1811
- Created on: 03-02-15 12:28
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- Controls over Delegated Legislation
- Negative Resolusion
- delegated legislation becomes law after 40 days if Parliament does not object to it
- unlikely parliament will look at SI
- delegated legislation becomes law after 40 days if Parliament does not object to it
- Affirmative Resolution
- Parliament has to approve the SI
- time consuming cannot be used for all SIs
- Super Affirmative Resolution
- the appropriate committees of either House has 60 days to make resolutions and recommendations to the draft order
- only for SIs made under Legislative and Regulatory Reform Act 2006
- the appropriate committees of either House has 60 days to make resolutions and recommendations to the draft order
- Judicial Review
- anyone affected by delegated legislation can ask for judicial review
- ultra vires- court can declare delegated legislation void
- only is correct procedure hasn't been followed or goes beyond powers
- Scrutiny Committee (1993)
- looks at proposed powers before they are enacted
- ensures only appropriate powers are given
- no power to amend bills
- Scrutiny Committee (1973)
- no taxes are imposed
- ministers doesn't go beyond powers
- not back dated
- only technical check , cannot make changes can only report to parliament
- Enabling Act
- Parliament sets limits on powers
- powers in act may be very wide
- Parliament sets limits on powers
- Negative Resolusion
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