Chapter 2 - Delegated Legislation

Question 1

how many departments are in the government

Answer 1

15

Question 2

what are statutory instruments

Answer 2

rules and regulations made by the government ministers

Question 3

what are orders in council

Answer 3

it allows the government to make laws without going through pariament

Question 4

what are the types of delegated legislation

Answer 4

orders in council
statutory instruments
by-laws

Question 5

give an example of statutory instruments

Answer 5

codes of practice under PACE

Question 6

what is the legislative and regulatory reform act 2006

Answer 6

it sets procedure for the making of statutory instruments which are aimed at repealing an existing law in order to remove a ‘burden’

Question 7

what is ultra vires

Answer 7

where any delegated legislation is ultra vires , then it is not valid law

Question 8

what are the scrutiny committee advantages (joint select committee)

Answer 8

ensures:
do not impose taxes or go beyound the powers
are not retrospective
are not unclear or defective
do not make unusual or unexpected use of power

Question 9

what is affirmative resolution

Answer 9

statutory instruments will not become law unless specifically approved by parliament

Question 10

enabling act-desadvantages

Answer 10

the powers in the act may be very wide

Question 11

give reasons for the need of delegated legislation

Answer 11

need for the detailed law
need for expert knowledge
need for local knowledge
need for consultation

Question 12

delegated power scrutiny committee advantages

Answer 12

looks at proposed powers before they are enacted
should ensure that only appropriate powers are given

Question 13

advantages of delegated legislation

Answer 13

saves parliamentary time
access to technical expertise
allows consultation
allows quick law making
easy to amend

Question 14

what is by-laws

Answer 14

these types of laws are issued by the local authorities and are only local in effect

Question 15

judicial review desadvantages

Answer 15

it is expensive to take court proceeding
can normally only do this if the correct procedure has not been followed or if the delegated legislation goes beyound the power given by the enabling act

Question 16

give an exaple of order in council

Answer 16

the misuce of drugs act 1971

Question 17

desadvantages of delegated legislation

Answer 17

undemocratic
sub delegation
large volume and lack of publicity
difficult wording

Question 18

advantages of enabling act

Answer 18

parliament sets limits
parliament can amend or repeal Act

Question 19

what is a delegated legislation

Answer 19

law made by some person or body other than parliament but with the authority of parliament

Question 20

what is scrutiny committee

Answer 20

reviews all statutory instruments and where necessary will draw attention of both houses of parliament to points that need further consideration

Question 21

affirmative resolution disadvantages

Answer 21

time consuming - cannot be used for all SIs

Question 22

disadvantages of scrutiny committee

Answer 22

only technical check -cannot chech substance of the SI
committee can only report to the parliament -it cannot make changes

Question 23

what is delegated powers scrutiny committee

Answer 23

it reports its findings to the house of lords before the committee stage of the bill, but it has no power to amend bill

Question 24

advantages judicial review

Answer 24

anyone affected by the delegated legislation can ask for a judicial review
courts can declare delegated legislation void

Question 25

what is a negative resolution

Answer 25

statutory instruments will be declared law unless rejected by parliament within40 days

Question 26

what are considered the ‘burden’ for the legislative and regulatory reform act 2006

Answer 26

a financial cost
an administrative inconvenience
an obstacle to efficiency or productivity or profitability
a sanction, criminal or otherwise , which affect the carrying on of any lawfil activity

Question 27

advantages for negative resolution

Answer 27

give mp the opportunity to check SIs before they come into force

Question 28

what is SIs

Answer 28

statutory instruments

Question 29

desadvantages of negative resolution

Answer 29

unlikely that many SIs will be looked at under this procedure

Question 30

how many procedure under the legislative and regulatory reform act 2006 can be and which are they

Answer 30

3,
negative resolution
affirmative resolution
super affirmative resolution

Question 31

parliaments control are ?

Answer 31

the enabling act
delegated powers scrutiny committee
afirmative or negative resolution
questioning of ministers
joint select committee on SI
supe affirmative resolution

Question 32

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Answer 32

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