del leg Flashcards
What is required for to enable del leg
An enabling or parent act
What are the three types of del leg
Orders in council, statutory interpretations and By laws
State 5 points about orders in council
They are made by the queen and the privy council
They can make them in times of national emergency under the emergency powers act
They can be made when parliament is not sitting
An example is the terrorists acts from the back of 9/11
Used to amend the misuse of drugs act
State 5 points about statutory interpretations
Over 3000 are passed in a year
They are made by ministers from within sectors of government
Minister for transport will deal with road traffic regulations
An example is the building regulations 2010
They make regulations on specific areas depending on the ministers area of responsibility
State 5 points about By laws
They are made by local authorities and large companies
They are for the local area to solve local issues
Airports and train stations can impose their own By laws
Examples can be fines on dog fouling or parking restrictions
What are the two forms of court control on del leg
Ultra vires and intra vires
What does intra vires mean
The legislation is within the powers of the enabling act and nothing is required to be done to amend it in any way
How does delegated legislation get challenged in the courts
Through judicial review
What is the aim of judicial review
To see if the legislation passed is within the powers of the enabling or parent act
What is the requirement with judicial review
The individual challenging the law must have an interest in the relevant issue
What does ultra vires mean
It is found to be outside the powers of the enabling or parent act and no amend needs to be made
What are the three forms of ultra vires
Substantive, procedural and unreasonable
What does substantive mean
The legislation made or done something they did not have the power to make or do
What does unreasonable mean
The legislation was found to be generally unreasonable
What does procedural mean
The proper procedures were not followed when making the delegated legislation
What case is used for unreasonable
wedensbury
What case is used for substantive
r v home secretary exparte fire brigades
What case is used for procedural
Aylesbury mushroom case
Explain Wedensbury
a woman was denied a drug even though her case was not exceptional, this decision was unreasonable
Explain fire brigades case
changes were made in the criminal injuries compensation scheme which went beyond their delegated powers in the criminal justice act
Explain Aylesbury mushroom case
They failed to consult the mushroom growers compensation which represented more than 80% of all mushroom growers
What are the 6 forms of parliamentary control on del leg
The parent or enabling act, negative resolution, affirmative resolution, super affirmative resolution, questions by MP’s, Scrutiny committees
Explain the parent or enabling act
It enables the extent of power on authorities, they say what can and cant be passed
Explain negative resolution
If the legislation is left in parliament for 40 consecutive days then it is automatically passed through
