Parliamentary controls on delegated legislation Flashcards
(13 cards)
What are the 2 controls on delegated legislation?
Parliamentary control and judicial control.
What is the Enabling Act?
Primary legislation that gives government ministers authority to make delegated legislation.
What are the key features of the Enabling Act?
It sets out the:
Scope of the powers delegated
Procedures to be followed
Limits to prevent misuse of power
What is the affirmative resolution procedure?
A control on delegated legislation that requires the approval of both houses of parliament within 40 days.
What are advantages of the affirmative resolution procedure?
Allows parliament to debate and vote on delegated legislation
Allows proper scrutiny of important issues
What are disadvantages of the affirmative resolution procedure?
Time-consuming procedure
Only applies if set out in the Enabling Act and most SI’s are not subject to it
What is the negative resolution procedure?
When a draft order is laid before parliament for 40 days and if there are no objections, it becomes law.
What are advantages of the negative resolution procedure?
It is quick
MPs can still raise objections
What are disadvantages of the negative resolution procedure?
Most SIs become law without debate
Poor or unfair SIs may go unnoticed
What is the joint committee on statutory instruments?
A parliamentary committee that reviews SI’s to ensure they are legally and procedurally correct.
What are advantages of the joint committee on statutory instruments?
Allows for detailed scrutiny of delegated legislation
It should detect SI’s that are unclear or defective
What are disadvantages of the joint committee on statutory instruments?
Can’t consider merits – only technicalities
Can’t amend – only report issues to Parliament
What are the different parliamentary controls on delegated legislation?
The Enabling Act
Affirmative resolution procedure
Negative resolution procedure
The joint committee on statutory instruments
