Delegated legislation

Question 1

who is delegated legislation made by?

Answer 1

law is made by someone but the parliament

Question 2

what are orders in council?

Answer 2

• they bring acts into place
• transfer responsibility between them
• make laws in emergency situations (missuse of drug act1971)

Question 3

when are orders in council used?

Answer 3

in emergency situation

Question 4

order in council

Answer 4

privy council and the queen

Question 5

statutory instruments

Answer 5

made by government ministers

Question 6

what do statutory instruments do

Answer 6

they make laws on areas which they are responsible for

national minimal wage act 1998

Question 7

by-laws

Answer 7

made by local authorities

Question 8

what so by-laws do?

Answer 8

they cover matters of their own area rather than parliament

eg. traffic control

Question 9

What do parliament have control over in the DL?

Answer 9

DL must propose any law to the parliament first

And the parliament have the power to repeal any law

Question 10

what are affirmative resolutions?

Answer 10

statutory instruments may not become law is parliament doesn’t agree
(P cant amend law)

Question 11

Negative resolutions

Answer 11

If statutory instruments aren’t accepted they will be rejected within 40 days
a lot of stat instruments are rejected

Question 12

Questioning of Gov Ministers

Answer 12

Ministers could be questions by mps on their department

Question 13

scrunity committee

Answer 13

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

Question 14

If a minister want to bring Statutory instruments into place what procedures do they need to go through?

Answer 14

• Negative resolutions
• Affirmative resolutions
• Super-Affirmative resolutions

Question 15

negative resolutions procedure

Answer 15

have 30 days until rejected

if accepted law ; will be put into place after 40 days

Question 16

affirmative resolutions procedure

Answer 16

HoL and HoC need to approve

Question 17

Supper-Affirmative resolutions procedure

Answer 17

Give more control to amend the law

Question 18

What is the control by courts over DL

Answer 18

ultra vires

Question 19

what are ultra vires?

Answer 19

goes beyond the power of parliament granted in enabling act

if DL is ultra vires- can’t become law

Question 20

what is judicial review

Answer 20

it checks on delegated legislation

gov decision is analysed

Question 21

what happens in judicial review

Answer 21

If the correct procedure was not followed the law will become an ultra vires which is void and not effective

Question 22

what is the case for judicial review

Answer 22

Aylesbury Mushroom

Question 23

what is the use of DL

Answer 23

• 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

Question 24

Advantage of DL

Answer 24

• Saves P time (as complex)
• They have expertise
• Allows consultation
• quick law making
• Easy to amend

Question 25

Disadvantage of DL

Answer 25

undemocratic - not elected
lack of publicity (laws are not made in public)
wording (can be difficult to understand)

Question 26

parliamentary controls

Answer 26

controlls are set out by parent acts
parliament can repeal or amend
laid before parliament

Question 27

what is orginial precedent

Answer 27

new law is been created that has never been created before

Question 28

binding precedent

Answer 28

when law has to be followed from a previous cases and judges may not agree

Question 29

presuasive precedent

Answer 29

law is not binded but may decide to follow it