Discuss Advantages Disadvantages Of Controls On Delegates Legislation Flashcards
(20 cards)
What is a first advantage of controls on delegated legislation?
Controls limit the power of delegated legislation. Parliament’s controls include the enabling Act, the Scrutiny Committee, and the Delegated Powers Scrutiny Committee.
How do courts control delegated legislation?
Courts control delegated legislation through judicial review, as judges are independent from government and are experienced, expert lawyers.
What is a disadvantage of controls on delegated legislation in terms of volume?
The large volume of delegated legislation means not all of it will be given proper scrutiny. It is often too technical and complex for non-experts.
What limitations do the Scrutiny Committee and Delegated Powers Scrutiny Committee have?
They can only make checks, not changes, to delegated legislation.
What is a second advantage of controls on delegated legislation in terms of power?
Parliament and the courts have ultimate control over delegated legislation. Parliament can repeal the enabling Act.
What power do courts have over delegated legislation?
Courts can declare delegated legislation as void if it is ultra vires.
What is a disadvantage of very wide powers in an enabling Act?
Very wide powers may still be given, and it is difficult to remove an Act.
What does the limited nature of ultra vires mean for delegated legislation?
Delegated legislation can only be declared ultra vires if challenged by someone affected.
What is an advantage of the controls on delegated legislation in terms of democracy?
The controls are democratic as Parliament is mainly elected.
How do judges represent democracy in relation to delegated legislation?
Judicial review is widely available, allowing anyone affected by the delegated legislation to ask for it.
What is a disadvantage of the controls on delegated legislation?
The controls are time consuming.
What is an example of a time-consuming control procedure?
The affirmative resolution procedure takes a lot of time.
What challenges do individuals face when bringing a court case against delegated legislation?
The expense, time, and determination needed to bring a case usually against the government or a public body with greater resources means that delegated legislation remains unchallenged.
What is a disadvantage of very wide powers in an enabling Act?
Very wide powers may still be given, and it is difficult to remove an Act.
What does the limited nature of ultra vires mean for delegated legislation?
Delegated legislation can only be declared ultra vires if challenged by someone affected.
What is an advantage of the controls on delegated legislation?
The controls are democratic as Parliament is mainly elected.
How do judges represent democracy in relation to delegated legislation?
Judicial review is widely available, allowing anyone affected by the delegated legislation to ask for it.
What is a disadvantage of the controls on delegated legislation?
The controls are time consuming.
What is an example of a time-consuming control procedure?
The affirmative resolution procedure takes a lot of time.
What challenges do individuals face when bringing a court case against delegated legislation?
The expense, time, and determination needed to bring a case usually against the government or a public body with greater resources means that delegated legislation remains unchallenged.
