Delegated legislation

Question 1

Three types of delegated legislation

Answer 1

• orders in council
• statutory instruments
• by-laws

Question 2

orders in council who

Answer 2

king &
the privy council
• prime minister
• other mps
• selected appointees

Question 3

orders in council what

Answer 3

• dealing with emergencies when parliament isnt available
• dealing with regulatory matters
• dealing with other matters

Question 4

statutory instrument

Answer 4

by government ministers under their area of responsibility
• health secretary made covid laws

Question 5

by-laws

Answer 5

by local authorities in their area
• county council - greater manchester
• town council - tameside

Question 6

controls on delegated legislation

Answer 6

• undemocratic
• monitors controls
• parliamentary controls
• controls by the courts

Question 7

parliamentary controls

Answer 7

• approval of the parent act - powers and withdrawal
• negative resolution process - rejection
• affirmative resolution procedure - approval
• scrutiny committee - checks

Question 8

controls by courts case

Answer 8

Aylesbury mushroom case (1972): procedural ultra vires.

Question 9

advantages

Answer 9

• saves time (emergencies)
• help to ensure powers aren’t abused

Question 10

disadvantages

Answer 10

• judicial review is costly and time consuming
• little publicity