Chpt 4 : Law making - delegated legislation Flashcards
What act allows parliament to create delegated legislation and what is it ?
the enabling act
- creates framework for the law then delegates power
What are the three types of statutory interpretation?
- order in council
- statutory instrument
- by-law
who makes each kind of statutory interpretation?
- order in council : privy council
- statutory instrument : government minister
- by-law : local authorities
what does orders in council allow government to do ?
make laws without going through parliament
orders in council can be made on a wide range of matters , what are these matters?
- transferring responsibility between government departments
- bringing acts of parliament into force
- giving legal effect to European directives
When does the privy council have the power to make law ?
only in emergency situations under the civil contingencies act 2004
What else can orders in council do ?
make other types of law e.g. in 2003 is was used to alter the Misuse of Drugs act 1971 to make cannabis a class c drug
Describe the area in which statutory instruments takes place
ministers and government departments are given authority to make regulations for their areas in specific departments e.g. pensions
Describe a statutory instrument
can be short covering something like minimum wage or long and detailed to be included in acts of parliament
Give an example of a statutory instrument.
police codes of practice e.g. stop and search under powers in the police and criminal evidence act 1984
explain by-laws
local authorities can cover matters in their own area . with involve things like traffic control and public drinking. can also be made by public corporations e.g. British airports authority can make by-laws about rules in airports.
give an example of a by-law
local parking regulations
how is delegated legislation controlled ?
- checks on the enabling act
- checks on delegated legislation
- affirmative resolutions
- negative resolutions
- questioning of government ministers
- scrutiny committee
what is the legislative and regulatory reform act 2006?
act sets procedure for the making of statutory legislation that repeats an existing law e.g. to remove the financial cost, inconvenience, or sanction of a lawful activity
What are the three procedure of the legislative and regulatory reform act 2006?
- negative resolution procedure ( legislation will not become law until its been in parliament for 40 days)
- affirmative resolution procedure (both houses of parliament have to approve the order)
- Super-affirmative resolution procedure (minister must have regard to any representations, houses of parliament, committees)
who else can control delegated legislation and how ?
the courts
- judicial review procedure
- civil court claim
- delegated legislation is declared to be ultra vires e.g. r v home secretary
reasons for delegated legislation
- need for detailed law
- need for expert knowledge
- need for local knowledge
- need for consultation
Advantages of delegated legislation
- saves parliamentary time
- access to technical expertise
- allows consultation
- allows quick law making
- easy to amend
Disadvantages of delegated legislation
- undemocratic
- sub-delegation
- large volume and lack if publicity
- difficult wording
