Delegated Legislation Flashcards

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1
Q

What is delegated legislation?

A

Parliament grants Ministers of the executive the power to make rules

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2
Q

What is the ‘parent act’ ?

A

the parent act delegates power to the Ministers to legislate

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3
Q

What are some forms of delegated legislation?

A

Orders in Council
Statutory Instruments
Local Instruments
Orders, regulations etc

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4
Q

How is delegated legislation controlled by Parliament ?

A

Discussion and approval of the Act delegating power to legislate (The Parent Act)

Several committee such as the Joint Committee on Statutory Instruments
Delegated Powers and Law Reform Committee in Scotland

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5
Q

What are ‘Henry VIII’ powers

A

It authorise Ministers to make delegated legislation amending or repealing Acts of Parliament

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6
Q

What is the role of the Joint Committee on Statutory Instruments ?

A

Technical (legal) scrutiny of the Act, acting ultra vires etc

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