Delegated legislation Flashcards
who is delegated legislation made by?
law is made by someone but the parliament
what are orders in council?
- they bring acts into place
- transfer responsibility between them
- make laws in emergency situations (missuse of drug act1971)
when are orders in council used?
in emergency situation
order in council
privy council and the queen
statutory instruments
made by government ministers
what do statutory instruments do
they make laws on areas which they are responsible for
national minimal wage act 1998
by-laws
made by local authorities
what so by-laws do?
they cover matters of their own area rather than parliament
eg. traffic control
What do parliament have control over in the DL?
DL must propose any law to the parliament first
And the parliament have the power to repeal any law
what are affirmative resolutions?
statutory instruments may not become law is parliament doesn’t agree
(P cant amend law)
Negative resolutions
If statutory instruments aren’t accepted they will be rejected within 40 days
a lot of stat instruments are rejected
Questioning of Gov Ministers
Ministers could be questions by mps on their department
scrunity committee
statutory instruments- they tell HoL where they need to recheck the law
and only report finding
they can’t stop law from coming into place
If a minister want to bring Statutory instruments into place what procedures do they need to go through?
- Negative resolutions
- Affirmative resolutions
- Super-Affirmative resolutions
negative resolutions procedure
have 30 days until rejected
if accepted law ; will be put into place after 40 days
affirmative resolutions procedure
HoL and HoC need to approve
Supper-Affirmative resolutions procedure
Give more control to amend the law
What is the control by courts over DL
ultra vires
what are ultra vires?
goes beyond the power of parliament granted in enabling act
if DL is ultra vires- can’t become law
what is judicial review
it checks on delegated legislation
gov decision is analysed
what happens in judicial review
If the correct procedure was not followed the law will become an ultra vires which is void and not effective
what is the case for judicial review
Aylesbury Mushroom
what is the use of DL
- Parliament don’t have time to ensure all law is needed so DL does the work
- P don’t have the expert knowledge
- Local councils know their areas better so they can make law
- That DL have to consult to P
Advantage of DL
- Saves P time (as complex)
- They have expertise
- Allows consultation
- quick law making
- Easy to amend
Disadvantage of DL
undemocratic - not elected
lack of publicity (laws are not made in public)
wording (can be difficult to understand)
parliamentary controls
controlls are set out by parent acts
parliament can repeal or amend
laid before parliament
what is orginial precedent
new law is been created that has never been created before
binding precedent
when law has to be followed from a previous cases and judges may not agree
presuasive precedent
law is not binded but may decide to follow it
