Delegated legislation Flashcards
What is delegated legislation
Laws created under the authority of parliament but not actually by parliament.
What is a enabling act or parent act
Specifies who has the power to make laws and extent of the powers
What are statutory instruments and give an example
Government ministers are given power to to create SI’s in relation to the work of their department
E.g. ability to increase minimum wage without an entirely new act being written out
What is an order in council
legislation made by privy council signed by the monarch. Usually done in emergency circumstances
What are bylaws
Local authorities given powers to deal with the problems in that specific area. e.g. the use of footpath in certain areas
Advantages of delegated legislation
- Less time consuming than the parliament procedure
- Flexible since they can be changed quicker than an act if changes are needed
- Specialist knowledge of local area making bylaws more effective
- Saves time for parliament
How is delegated legislation controlled
- Parliament can vote against SI’s
- Parliament can revoke delegated legislation
- The scrutiny committee can recommend parliament to review SI’s
What is ultra vires
Something beyond someone’s legal power/authority
What is procedural ultra vires
When a procedure in parent act has not been followed
What is substantive ultra vires
When rules in enabling act go beyond power given by parliament
