Parliamentary and judicial control of delegated legislation

Overview

Recall questions on control through the enabling Act, the affirmative and negative resolution procedures and scrutiny committees, on judicial review for procedural and substantive ultra vires and Wednesbury unreasonableness, with Aylesbury Mushrooms and the Fire Brigades Union case, and on how effective each control is.

What you need to know

Answer each one before you reveal it.

Questions from this subtopic

Each one with the model answer underneath.

1. 1

   What is the role of the Joint Committee on Statutory Instruments in scrutinising delegated legislation?

   Model answer

   It reviews delegated legislation for technical defects.

2. 2

   Why was the order in Aylesbury Mushrooms (1972) held void?

   Model answer

   For procedural ultra vires because the minister failed to consult the required body before making it.

3. 3

   What did the court decide in R v Home Secretary ex parte Fire Brigades Union (1995)?

   Model answer

   The Home Secretary acted ultra vires by using prerogative powers to avoid implementing statutory provisions.

4. 4

   From which case does the Wednesbury test derive?

   Model answer

   Associated Provincial Picture Houses v Wednesbury Corporation (1948).

5. 5

   What limitation exists on Parliament's ability to control the content of delegated legislation?

   Model answer

   Parliament cannot amend delegated legislation; it can only accept or reject it.

6. 6

   What practical barriers limit the effectiveness of judicial review as a control?

   Model answer

   Judicial review is expensive and time-consuming.

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