Delegated Legislation Flashcards
What is the parent act?
Parliaments first attempt at controlling delegated legislation is through the drafting of the parent act.This shovel be clear as to how and what a minister can do with their power open to very little interpretation.
What is affirmative resolution?
In controversial areas of law Parliament can insist that the draft legislation is subject to parliamentary scrutiny and vote before coming into force. This is done by including a requirement for an affirmative resolution in the parent act.
What is a negative resolution order?
In the absence of an ARO in the parent act, Parliament has 40 days to pass an NRO to prevent a statutory instrument coming into force. If parliament misses this deadline then Only primary legislation or repealing the parent act can remove the delegated legislation.
What is the delegated Powers scrutiny committee in the House of Lords?
This considers whether the provisions of any bills going through parliament delegate legislative power inappropriately.it rep
What is the Joint scrutiny committee?
Its role is simply to scrutinise statutory instruments. it is looking for statutory instruments that are retrospective in effect, badly worded or attempting to impose taxation
What is procedural ultra vires?
Where the second body has exceeded its powers and failed to follow procedural instructions in the parent act.
What is substantive ultra vires
The secondary body has gone beyond the powers granted and made more regulations than permitted
Advantages of Delegated legislation
Granting law making powers to others saves much Parliamentary time.
Laws cam be made quickly in response to emergency situations.
Parliament can concentrate on producing parent acts, giving a broad outline and leaving the details to others.
Local people are experts on the local issues that effect them and so can produce local laws once given the frame work.
Delegated legislation is often a fast way in implementing directives form the EU.
Ministers making laws is considered a contradiction to the doctrine of separation of powers.
Disadvantages of Delegated Legislation
Delegated Legislation lacks publicity. Over 3,000 SI’s are made every year so it is impossible for the public to keep up with this.
Parliamentary controls on delegated legislation are not always very effective as the scrutiny committee cannot possibly scrutinise all of them.
These is a possibility of sub delegating where someone passes the work onto someone else.
The doctrine of parliamentary sovereignty is eroded, as judges are able to void statutory instruments using ultra vires.
Not democratic as it is often made by people who were not elected.
