Delegated Legislation Flashcards
What is delegated legislation and how is it made
Delegated legislation is also known as secondary legislation. It is made under the authority of an enabling act passed by parliament.
What does delegated legislation allow
Allows parliament to make changes to the law and pass the volume of law needed to deal with various situations.
In this case? first paragraph
In this case _____ would have the power to challenge the del leg as it is a secondary piece of law and not an act. If parliament controls were adequate they may not have to do this
paragraph two- parliament control delegated legislation?
Parliament is meant to control the delegated powers so they are not misused or abused. If in the scenario this is law parliament has not flagged up any issues. The people in the scenario cannot flag up any problems to parliament they can only challenge it in court now that it has come into being.
Can it be challenged in court?
Unlike a statute del leg can be challenged in courts on the grounds that it is ultra vires (goes beyond the powers granted by parliament)
Who can challenge del leg
Any individual who has personal interest in the delegated legislation can apply to the courts under the judicial review procedure.
The judge will then investigate whether the law has gone beyond the delegated powers. If it is the judge will declare it as void.
When else may delegated legislation be challenged and name a case
Unreasonableness - the court will also declare it void or invalid if it is unreasonable. This was held in a case called Wednesbury. This may be because the rules are unjust, made in bad faith or are so ridiculous that no reasonable person would have passed them
What may parliament do to control delegated legislation before it is made
In statutory instruments there are negative affirmative and super affirmative resolution procedures and it is the job of the scrutiny committee to flag up any statutory instrument to parliament which may need a closer look.
