Delegated Legislation Flashcards
What is delegated legislation
This is a law made by somebody other than parliament, but written with the authority of parliament
What is the parent act (enabling act)
This act allows power to given to others to make laws
What is the privy council
This made up of MPs who meet with the queen to advise her.
What are the three types of delegated legislations
- Order in council
- Statutory instrument
- By-laws
Order in council
These laws are Made by the queen and privy council effectively giving the prime minister and other leading members of the government the power to make new laws without going through parliament. E.g making laws in a national emergency.
These cover
1. Transferring responsibility between departments.
2. Bringing acts of parliament into force.
3. They might be called to update existing laws.
4. Making laws in time of national emergency.
Statutory instruments
Rules and regulations made by ministers under the authority of an enabling act (the enabling act is simply the authority given to ministers to issue these declarations in the original act). E.g coronavirus act (2020) allows for statutory instruments to extend its length and to order sudden lockdowns or introduce further restrictions.
By-laws
Laws made by local authorities that only apply to the local area. These can cover matters such as parking restrictions,drinking in public and so on.
How are delegated legislations controlled by parliament
- Check on the enabling act. This is where the original act will set out what ministers can and cannot do if delegated legislation is required in the future. Parliament can revoke these powers at any time.
- Affirmative resolutions- this means that a statutory instrument has to be approved, annulled, or withdrawn. It cannot be amended.
- negative resolution- this means that the statutory instrument will become law unless rejected by parliament within 40 days.
- super-affirmative resolution - this is when delegated legislation Is made under the legislative and regulatory reform act 2006. Parliament is given greater controls in this area as ministers are given very wide ranging powers.
- Questioning of government ministers.
- Scrutiny committees - they can only scrutinise the technicalities of statutory instrument, not policy. They can refer any matters arising back to parliament but cannot make any changes.
How are delegated Legislations controlled by the courts
Ultra vires- this is when the courts deem that delegated legislation has:
- Gone beyond the power given to it in the enabling act.
- The incorrect procedures used
- A decision has been made unreasonably.
Effectiveness of parliamentary controls
Because of the number of delegated legislations, it is hard for them to be given proper scrutiny before they come into force.
What are the 4 main reasons for delegated legislation
(1) Detailed law- in modern society, there are a large number of rules and regulations. Parliament doesn’t have time to deal with all the details needed. But by using delegated legislation, parliament still has control of what regulations are passed and they save time.
(2) Expert knowledge- there are some subjects where expert knowledge would be preferred to draw up the most effective laws. In a situation like this, parliament will debate the main principles while they leave the details to be filled by the experts.
(3) Local knowledge- for by-laws, it is better for local councils to deal with their areas as they know their area. It also makes it easier for parliament as it would be hard for them to make laws in every city, town and village in the country.
(4) Consultation- this is good as it takes the opinion and view of people that the law is going to affect.
Advantages of delegated legislations
Saves parliament time Access to technical expertise Allows consultation Allows quick law making Easy to amend
Disadvantage of delegated legislations
Undemocratic
Sub-delegation ( minister delegating his delegated powers to someone else and so on)
Large volume and lack of publicity
Difficult wording.
