Delegated Legislation Flashcards
What is the definition of delegated legislation?
Law made by a person or body to whom parliament has delegated law making powers using a parent or enabling act .
What is a statutory instrument?
laws made by government ministers to whom parliament has passed down law making powers in various enabling acts.
Give 2 examples of statutory instruments:
. National minimum wage act 1998
. The education reform act 1988
What is a by-law?
Laws made by local authorities or other public bodies to whom parliament has passed down law making powers in various enabling acts, used to make laws in local areas.
Give 2 examples of by-laws ?
. Clean neighbourhoods and environment act 2005
. The railways act 1993
What is an order-in-council ?
Laws made by the queen and privy council to whom parliament has passed down law-making powers in various enabling acts.
Who is in the privy council ?
. Queen
. Prime minister
. Other leading members of the government
Give 2 examples of orders-in-council:
. The emergency powers act 1920
. The civil contingencies act 2004
The first step of parliamentary control
Firstly, a parent act is required to give the government minister the authority to act. If there is no parent act, then the minister cannot make laws.
Second step of parliamentary control:
The scrutiny committee have the power to scrutinise SIs eg if it exceeds the power it was given In the parent act. (Can only report not act)
What is a affirmative resolution ?
Some enabling acts require an affirmative resolution. This means there must be a debate and only when the house of Lourdes and House of Commons approve it becomes law.
What is a negative resolution ?
Negative resolutions require no action by parliament. A statutory instrument will become law after 40 days unless parliament chooses to debate it and can put down a ‘prayer’.
What is judicial control ?
Where the courts exercise control through a process known as judicial review in the high court.
Why do we have judicial control ?
To enable an individual or organisation let a judge decide whether the delegated legislation is lawful or not.
What is ultra vires?
The delegated body has gone beyond the powers granted to it by parliament in the parent act.
What happens if a court declares DL to be ultra vires ?
It will be declared void and ineffective .
What is procedurally ultra vires ?
- Incorrect procedures were followed when introducing the legislation.
- Aylesbury mushroom case ~ the minister did not consult the Aylesbury mushroom growers association.
What is substantively ultra vires ?
- The body acts beyond the powers given to it in the enabling act
- DPP v Hutchinson ~ the by-law excluding her from Greenham Common went beyond the powers enabled by the parent act.
What is unreasonable delegated legislation ?
- This is where the delegated legislation has no reasonable meaning behind it
- rogers v Swindon NHS trust ~ the NHS trust could not put forward any reason as to why they gave some cancer patients treatment and not others.
What are 3 advantages of delegated legislation ?
- allows rapid action to be taken in times of emergency eg. Face mask wearing during COVID19
- saves parliamentary time as they don’t need to debate every detail of regulations
- easy to amend. This is done so that law can be kept up to date E.g minimum wage.
What are 3 disadvantages of delegated legislation ?
- large volume ~ lots of laws made every day so it is difficult to discover what the present law is.
- lack of publicity ~ much of delegated legislation is made in private.
- difficult wording ~ difficulty in understanding the law and the complex regulations
