Delegated Legislation ControlsWatch
I need help in understanding what the 4 different types of controls for delegated legislation are, Affirmative Resolution, Scrutiny Committee, Negative Resolution and Ultra Vires for a 15 mark exam question
Negative- If objections are made with the temporary 40 day period then the instrument will be considered by the House of Commons, HoL or a standing committee and may be approved or a negative resolution may be passed to make it void
Affirmative- Both houses have to approve and vote
Super affirmative- allows additional Parliamentary power to scrutinise and review the proposed delegated legislation
A - Joint committee on Statutory instruments- contains members of the HoC and the HoL who watch over the making of del leg. They will report to Parliament those that require their consideration, such as unusual or unexpected use of power. However they are seen as being 'dogs with no teeth'.
B - Secondary Legislation Scrutiny Committee- they examine the police merits of any statutory instrument laid before the HoL
Judicial Review - UV
A citizen can apply to the QBD of the High Court in order to check the validity of the del leg. If the law is found to be UV then the law will be considered 'bad law' and be declared void.
Procedural UV- the procedure outlined in the Enabling Act was not followed when creating the piece of del leg.
Substantive UV- occurs if they impose tax, allow sub-delegation of powers, or create law on a different matter than delegated.
Unreasonable/disproportionate (The Wednesbury Principle)- in addition, there is no power to issue the piece of del leg that is 'so unreasonable that no reasonable body would have reached the same decision'. I which case it may be declared void in whole, or in part.
Furthermore, del leg can also be declared void if it conflicts with the Human Rights Act.
If the judicial review is successful then compensatory or prerogative orders can be issued e.g. mandamus, prohibition or certioran.