Describe CONTROLS of The Delegated Legislation (8) Flashcards
(14 cards)
Summary of the controls.
Parliament’s Controls
1. Enabling (Parent) Act
• Sets limits: who can make the law, what it can cover, and where it applies.
• Parliament can change or cancel this Act at any time.
2. Affirmative Resolution
• Some laws must be approved by Parliament before they become law (within 28–40 days).
• Example: Police codes under the Police and Criminal Evidence Act 1984.
3. Negative Resolution
• Most laws become law automatically unless rejected within 40 days.
4. MPs’ Questions
• MPs can ask Government Ministers about laws being made or already made.
5. Scrutiny Committees
• These committees review all statutory instruments:
• Joint Committee on Statutory Instruments: Checks for errors like going beyond powers or unclear wording.
• Delegated Powers Scrutiny Committee (House of Lords): Suggests amendments.
• Merits of Statutory Instruments Committee: Flags important, controversial, or outdated laws.
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✅ Court Controls (Judicial Review)
• Courts can cancel laws if they go beyond powers given by Parliament – this is called ultra vires (Latin for “beyond powers”).
3 Types of Ultra Vires:
1. Substantive Ultra Vires
• Law goes beyond what Parliament allowed.
• Case: R v Home Secretary ex parte Fire Brigades Union – Home Secretary overstepped powers.
2. Procedural Ultra Vires
• The correct steps (like consultation) weren’t followed.
• Case: Aylesbury Mushrooms – Mushroom Growers’ Association wasn’t consulted.
3. Unreasonable (Wednesbury Unreasonableness)
• Law is so unreasonable that no sensible person would make it.
• Case: Strickland v Hayes Borough Council – Banning rude songs even in private was unreasonable.
What is the purpose of an Enabling (Parent) Act?
It gives legal permission to a person or body to make delegated legislation and sets out the rules for what can be made.
Can Parliament change or cancel the Enabling Act?
Yes, Parliament can amend or repeal the Enabling Act at any time.
What is an Affirmative Resolution? And give an eg.
A rule must be approved by Parliament before becoming law, usually within 28–40 days.
Police Codes of Practice under the Police and Criminal Evidence Act 1984.
What is a Negative Resolution?
The law will automatically take effect unless Parliament rejects it within 40 days.
How can MPs control delegated legislation during debates?
MPs can ask questions to Government Ministers about proposed or current delegated legislation.
What does the Joint Committee on Statutory Instruments do?
Reviews laws to check for issues like going beyond powers or unclear wording.
Q8: What does the Delegated Powers Scrutiny Committee do?
Suggests changes to statutory instruments to ensure they stay within proper limits.
What does the Merits of Statutory Instruments Committee look at?
Decides if a law is important, outdated, or affects public policy significantly.
What is judicial review in the context of delegated legislation?
It’s when courts check if delegated legislation is legal and within the powers given.
What is “ultra vires”?
Judges in the courts can check if a delegated law is legal. This is called a judicial review.
They do this to see if the person or group who made the law went beyond the powers that Parliament gave them. This is known as “ultra vires”, which is Latin for “beyond the powers.”
If a judge decides the law is ultra vires, it means the law is invalid (doesn’t count) and won’t be used anymore.
Anyone affected by the law can ask the court to review it.
What is SUBSTANTIVE ultra vires?and give eg.
This happens when the person or group making the delegated law goes beyond what Parliament allowed them to do.
📌 Example:
In R v Home Secretary ex parte Fire Brigades Union, the Home Secretary (a government minister) changed the rules about how firemen could claim compensation — but he didn’t have the power to do that under the law (Criminal Justice Act 1988).
So, the court said the rule was invalid (ultra vires).
What is PROCEDURAL ultra vires? And give eg.
This happens when the correct steps or procedures were not followed when making the delegated law.
📌 Example:
In the Aylesbury Mushrooms case, the government had to ask the Mushroom Growers’ Association before creating a training board.
They forgot to consult them, so the court said the law was invalid because it broke the rules in the enabling Act.
What is WEDNESDAY UNREASONABLE? And give eg.
This happens when a delegated law is so unfair, extreme, or ridiculous that no sensible person would have made it.
📌 Example:
In the case of Strickland v Hayes Borough Council, the council made a by-law that banned people from singing or saying rude songs — not just in public, but even in private (like in their own homes).
⚖️ The court said this rule was too unreasonable and went too far, so it was invalid (ultra vires).
