Delegated Legislation Flashcards
What is delegated legislation?
Law made by a body other than parliament but with its permission
What are the 3 different types of delegated legislation?
-Bylaws
-Orders in Council
-Statutory Instruments
Who has authority to make orders in council?
The Monarch and the Privy Council
Who are in the Privy Council?
current or senior members of the HOC or the HOL
Where does the power to create orders in council come from?
The enabling act
What do orders in council allow the govt to do?
Make legislation without going through the legislative process
What are statutory instruments?
Rules and regulations made by govt ministers for areas under their responsibility.
how many govt departments are there?
15
give an example of a short statutory instrument
Annual change to the NMW
Who are bylaws made by?
Local councils or public corporations
give 3 examples of bylaws
-Traffic control
-Littering
-Dog fouling
What is a negative resolution?
When a statutory instrument will become law unless an annulment by an MP is passed within 40 days
Describe the effectiveness of a negative resolution
Not very effective, very few SIs are looked at
What is an Affirmative resolution?
When an SI will not become law until approved by parliament
Give 2 features of the Joint Commitee on Statutory Instruments
-composed of members from both HOC and HOL
-JSCI mostly focuses on the technical quality of legislation
Give 2 features of the Secondary Legislation Scrutiny Committee
-A lords committee
-the SLSC focuses on the policy merits of secondary legislation
Give 2 features of Delegated Powers and Regulatory Reform committee
-A lords committee
-the committee examines whether the delegations in each bill are appropriate
What does ‘ultra vires’ mean
When it is outside of yours or somethings power
Why is judicial review necessary?
delegated legislation is created by non-elected people so it needs to be controlled and monitored
What does ‘Locus Standii’ mean
That they are directly affected by the delegated legislation
What are the 3 types of judicial review that can take place in the high court?
-Procedural ultra vires
-Substantial ultra vires
-Unreasonable ultra vires
