delegated legislation Flashcards
what is delegated legislation
-laws made by bodies other than parliament but with the authority of parliament. Parliament grants their authority for these bodies to make laws in an enabling act (any act of parliament which allows for delegated legislation to be made).
who makes up the privy council
the prime minister and leading government ministers
who must approve orders by the privy council
the queen
why are orders in council beneficial
the government is able to introduce new laws without going through the parliamentary law making stages, this is quicker and more cost effective
give four main uses of orders in council
to give effect to eu directives
transferring power between government departments
to make reactionary laws in times of emergency
to amend/ update existing laws
what is an example of orders in council being used to amend existing laws
the classification of dangerous drugs
what is an eu directive
when an eu directive is made the uk is under obligation to implement this into our own legal system
what is an example of an ac that was brought by an eu directive order in council
the data protection act 1998
what act says that the privy council can make laws in emergency situations
Civil Contingencies Act 2004
what is an example of when the government have made an emergency law by order in council
during the 2000 national fuel shortage when the government took control over remaining supplies of fuel
what are statutory intruments
a way in which government ministers and civil servants can adjust existing acts of parliament
what four ways may statutory instruments be used to adjust acts of parliament
- update, change, modernise existing acts of parliament
- used to repeal existing acts of parliament
- allow technical and expert detail to be added to an act
- allow mps and peers to set out the framework of an act of parliament, with he technical detail being added later
what is an example act that has been changed by statutory instruments
abortion act 1967, an act that legalised abortion up to 28 weeks, this time limit was shortened to 24 weeks later by statutory instrument
what are the three types of DL
orders in council, statutory instruments, bylaws
who makes bylaws
local authorities and public corporations, most commonly councils and other companies, such as virgin trains
what are bylaws
laws that only effect a certain jurisdiction (geographical area)
why are bylaws advantageous
because local councils understand what is needed in their specific area far better than parliament
what types of laws do bylaws usually relate to
regulatory types of offences such as parking restrictions or alcahol exclusion zones
what is a key example case for bylaws
boddington, d was found smoking ina non smoking area and was fined £10, d challenged this and said that it was not made by parliament. the case went to HOL and they said that bylaws must be followed and the fine is payable
what three things does an enabling act do
controls when the dl can be made, who can make it, and the process they must follow. parliament can repeal this power at any time.
what type of delegated legislation do affirmative/ negative resolutions apply to.
statutory instruments
what are affirmative or negative resolutions
affirmative- it will not become a law until it is approved by parliament
negative- parliament has 40 days to reject or it will become a law.
where is it stated whether a statutory instrument is subject to positive or negative resolutions
in the enabling act
what are scrutiny committees
committees set up within parliament to review DL
