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Judicial Review > Delegated Legislation > Flashcards

Delegated Legislation Flashcards

1
Q

Decisions made under delegated powers are:

A

Primary legislation (acts of Parliament) can delegate powers to a person or body to implement secondary legislation (rules, code, regulations)

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2
Q

What has delegated legislation? (6)

A 
•	Binding rules made under statutory authority by
–	Governor in council
–	Other government entities
–	Local government
–	Other delegates
•	Quantity & importance
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3
Q

What is judicially reviewed for delegated legislation? (2)

A

– Statutory regulations

– Local government by-laws

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4
Q

Who makes statutory regulations?

A

Central Government

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5
Q

Who makes by-laws?

A

Local Government

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6
Q

What is the status of delegated legalisation? (7)

A 
•	No prerogative law-making
•	Parliament 
–	Can delegate legislative power
–	Remains supreme
•	Validity subject to 
–	Judicial review
–	Parliamentary control
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7
Q

What are the grounds for challenging delegated legislation? (7)

A 
•	General
–	Procedural non-compliance
–	Ultra vires
–	Repugnancy
•	By-laws
–	Uncertainty
–	Unreasonableness
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8
Q

Cases for delegated legislation?

A

Carroll

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9
Q

The case that discusses the grounds for judicial review?

A

Carroll

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10
Q

Cases for delegated legislation?

A

Carroll
Brader
Carter-Holt
Halliday

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11
Q

What the old section and act discuss part of bylaw only may be deemed invalid?

A

s 17 of the Bylaws Act 1910

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12
Q

What is the new act and section that discusses the determination of whether the bylaw made under this Act is appropriate?

A

s 155 of the local government Act 2002

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13
Q

What is directly applicable to local by-laws?

A

BORA

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14
Q

What is the main case that discusses the grounds of validity?

A

Carter-Holt

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15
Q

What type of reasonableness do we look at?

A

Wednesbury as seen in Carter-Holt

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16
Q

Why is delegated legislation useful? (7)

A 
•	Scarcity of Parliamentary time
–	Freeing parliament
–	Flexibility for the executive
•	Expertise
•	Subsidiarity
•	Emergency response
17
Q

What are the dangers of delegated legislation? (4)

A
  • Democratic erosion
  • Lack of scrutiny
  • Proliferation of laws
  • Public choice problems
18
Q

Case that discusses the dangers of delegated legislation?

A

Halliday

Judicial Review (6 decks)

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