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Delegated Legislation

Parliamentary Control of Delegated Legislation

  • 4 things to know
  • All three papers

Overview

Recall questions on affirmative and negative resolution, the Scrutiny Committee and its limits, questions to ministers, judicial review for procedural and substantive ultra vires, the Wednesbury principle and the limits of judicial control.

What you need to know

Answer each one before you reveal it.

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Key term

How does the affirmative resolution procedure work as a parliamentary control?

Key term

What can courts do if delegated legislation is found to be ultra vires?

Key term

What is the difference between procedural and substantive ultra vires?

Process

How does the negative resolution procedure work, on what grounds does the Scrutiny Committee object, and what can it not do?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    How does the affirmative resolution procedure work as a parliamentary control?

    Model answer

    Parliament must vote to approve the statutory instrument before it becomes law.

  2. 2

    Explain the negative resolution procedure for controlling delegated legislation.

    Model answer

    The statutory instrument becomes law unless Parliament votes against it within a specified time period (usually 40 days).

  3. 3

    What is the usual time limit for Parliament to reject a statutory instrument under the negative resolution procedure?

    Model answer

    40 days.

  4. 4

    What is the role of the Joint Select Committee on Statutory Instruments (Scrutiny Committee)?

    Model answer

    It reviews all statutory instruments on technical grounds, such as whether they are unclear, impose unexpected taxes, or go beyond the powers granted by the enabling Act.

  5. 5

    On what grounds does the Scrutiny Committee review statutory instruments?

    Model answer

    Technical grounds, including whether they are unclear, impose unexpected taxes, or exceed the powers granted by the enabling Act.

  6. 6

    How do questions to ministers in Parliament provide control over delegated legislation?

    Model answer

    They allow MPs to raise concerns about specific regulations.

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