Jeff King Donoughmore Committee & delegated legislation Flashcards
What did the Donoughmore Committee identify as abuses of delegated legislation?
The Donoughmore Committee highlighted abuses of delegated legislation, distinguishing between ‘normal’ and ‘exceptional’ uses, where ‘exceptional’ cases often involve broad, unclear ministerial powers.
What stance did the Donoughmore Committee take on delegated legislation despite its issues?
Despite identifying significant issues, the Donoughmore Committee did not oppose delegated legislation but recommended implementing safeguards to prevent abuse.
How was the implementation of the Donoughmore Committee’s recommendations characterised?
Implementing the Donoughmore Committee’s recommendations was slow and gradual, with limited adoption by governments and Parliament.
Over time, what has been the trend in using delegated powers, including Henry VIII clauses?
The use of delegated powers, including Henry VIII clauses, has increased significantly over time, indicating their convenience for the government despite concerns about parliamentary restraint.
What has the political convenience of delegated legislation affected in legislative practice?
Political convenience often trumps good legislative practice, affecting the depth of scrutiny and flexibility of response in the legislative process.
How does the Supreme Court view the scrutiny of subordinate legislation?
The Supreme Court recognized that subordinate legislation undergoes minimal parliamentary examination and cannot be amended, highlighting a gap in effective scrutiny.
What indicates weak scrutiny of Statutory Instruments by Parliament?
Very few Statutory Instruments are voted down by Parliament, indicating weak scrutiny and oversight.
How is scrutiny of legislation different in the House of Lords compared to the Commons?
While scrutiny is generally better in the House of Lords, the dominance of the Commons and the influence of party whips often predetermine legislative outcomes.
What significant powers are included in the European Union (Withdrawal) Act 2018?
The European Union (Withdrawal) Act 2018 includes broad powers used to pass many measures with significant policy substance, often involving Henry VIII clauses, which allow amendments without full parliamentary scrutiny.
