degated legislation Flashcards
what is the secondary body for a bylaw? and what is the reason for the secondary body?
local authority and public corporation within jurisdiction e.g. British Airports Authority
Parliament doesn’t have time or local knowledge
examples of bylaws:
no drinking
no ball games
Drinking ban zone in public areas under Crininal Justice and Police Act 2001
what is the secondary body for orders in council? and what is the reason for orders in council?
pricy council
and they can quickly respond in emergency
what is the secondary body for statutory instruments? and what is the reason for the secondary body?
government ministers
parliament couldn’t cope with volume so best left to departments with expertise
what should the parent act be?
clear, unambiguous ad give ‘what’ and ‘how’ instructions that are open to very little interpretation
judical review
- can conclude a piece of dl is without legal effect
substantive ultra vires
secondary body gone beyond powers and made more regulations than permitted
R v Secretary of State
procedural ultra vires
secondary body exceeded powers and failed to follow procedural powers in parent act
agricultural training board v aylesbury mushrooms ltd
wednesbury unreasonableness
judicial review ‘so outrageous in its defiance of logic’
associated provincial picture houses ltd v wednesbury association
disadvantages
- not democratic source of law - not made by democratically elected people
- danger of designated legislation sub delegating
advantages
- law can be made quickly in emergencies
- local people are local experts so can produce detailed local laws
what is a parent act or enabling act?
an act of parliament passed giving the secondary body the power to carry out tasks
what is an example of an orders in council?
constitutional reform act 2005 lets pc alter number of judges in supreme court
what are the types of delegated legislation?
orders in council
by-law
statutory instruments
