Delegated Legislation Flashcards
What is Delegated Legislation?
A law made by some person or body other than Parliament, but with the authority of an Act of Parliament
What are the 3 types of DL?
- Order in Council - made by the Queen and Privy Council, giving the PM and other leading members of the government the power to make laws without going through Parliament.
- Statutory Instrument - Rules and regulations made by ministers under the authority of the enabling act.
- By-laws - laws made by local authorities that only apply to that specific area
What does the ‘Orders in Council’ DL cover?
- Transferring responsibility between departments
- Bring Acts of Parliament into force
- Making law in times of national emergency or certain aspects of foreign affairs
- Can update existing laws
What is the ‘enabling act’?
The authority given to ministers to issue declarations in the ‘Parent Act’ of Parliament
How is delegated legislation controlled by Parliament?
- Checks on the enabling act
- Affirmative resolutions
- Negative Resolution
- Super-affirmative resolution: when DL is made under
What is an ‘Affirmative Resolution’?
A resolution that statutory instruments must be either approved, annulled or withdrawn.
What is a ‘Check on the Enabling Act’.
Where the original act will set out what ministers can and cannot due if delegated legislation is required in the future. Parliament can revoke these powers at any time.
What is a ‘Negative Resolution’?
A resolution that a statutory instrument will become law unless rejected by Parliament within 40 days.
What is a ‘Super-Affirmative Resolution’?
When a DL is made under the ‘Legislative and Regulatory Act 2006’. Parliament is given greater controls in this area as ministers are given very wide-ranging powers.
What is a ‘Scrutiny Committee’?
A committee that scrutinises the technicalities of statutory instrument, not policy. They CAN refer any matters arising back to Parliament, but cannot make any changes.
How do the ‘Courts’ control DL?
The Courts take action when an ‘Ultra Vires’ act takes place - when the courts deem that DL has (1) gone beyond the power given to it in the enabling act. (2) The incorrect procedure was used and (3), a decision has been made unreasonably.
What are the reasons for use of DL? *
- Parliament wouldn’t have enough time to control what regulations are passed and if not for enabling acts
- Expert knowledge of the subject matter is needed to draw up effective laws (which is not possible for just Parliament members to have)
- Local Knowledge is required for by-laws and their effectiveness, and it would be impossible for Parliament to have detailed knowledge of each city, town and village.
- Consultation is required for rules and laws on technical matters
What are the advantages of Delegated Legislation? *
- Saves Parliament time: DL allows for consideration of every small detail of complex regulations which would not be possible if not for DL.
- Access to Technical Expertise: by using DL, the necessary experts to create effective laws on complex areas are able to be consulted.
- Allows for Consultation: Ministers can benefit from further consultation, which is important for rules on technical matters to makes sure the regulations are technically workable.
- Allows for Quick Law Making: in times of emergency, regulations and rules can be made to swiftly deal with the situation.
- Easy to Amend: DL can be amended or revoked easily when necessary so that the law can be kept up to date. Ministers can also respond to new or unforeseen situations by introducing a statutory instrument.
What are the Disadvantages of Designated Legislation? *
- Undemocratic: DL takes law making away from the democratically elected House of Commons and allows non-elected people to make law.
- Sub-Delegation: law-making authority is handed down another level, causing comments that much of our law is created by civil servants and simply ‘rubber stamped’ by the minister of that department.
- Large Volume and Lack of Publicity: DL creates difficulty in discovering the present law, which is aggravated by the lack of publicity, stemming from the law being made in private and passed through Parliament without debate.
- Difficult Wording: Complex and Obscure wording can lead to difficulty in understanding what the law means.
