DELEGATED LEGISLATION

Question 1

What is meant by the term delegated legislation? (1)

Answer 1

Delegated legislation is law made by a person or body other than parliament.

Question 2

What are the three types of delegated legislation? (3)

Answer 2

-orders of council
-statutory instruments
-by(e) laws

Question 3

What are the advantages of delegated legislation? (2)

Answer 3

-allows parliament more time to spend on more pressing matters
-allows power too delegate to those who are experts in knowledge on certain subjects.

Question 4

What are orders in council? (1)

Answer 4

Are laws made by the monarch and privy council.

Question 5

What is the privy council? (1)

Answer 5

Is made up of the prime minister and other ministers more commonly in the cabinet. But are drafted by the appropriate government department that the piece of legislation concerns.

Question 6

What is a statutory instrument? (1)

Answer 6

Are made by government ministers or departments within the government.

Question 7

What are by(e) laws?(1)

Answer 7

Made by the local county council, local companies or corporations.

Question 8

What are the advantages of orders of council? (

Answer 8

-allows law to be made without going through parliament.

-gives effect to EU directives of transferring powers between government departments. (Under the parliament act 1911).

Question 9

When does the privy council have the power to make laws? (2)

Answer 9

The privy council only have the power to make laws in times of emergency situations such as the floor and mouth act of 2004.
They are permitted to do his under the emergency owners act of 1920 and the civil contingencies act of 2004.

Question 10

What gave local authorities the power to make laws? (1)

Answer 10

The local government act of 1972.

Question 11

What are some examples of a by(e) law?(2)

Answer 11

The Greater London authority act of 1999, section 385 (1).

Greater London authority, Trafalgar Square and parliament square garden (amendment no1) of 2002.

Question 12

What is an example of a statutory instrument? (1)

Answer 12

SI No1800 in the misuse of drugs (designation) (amendment No2) (England, Wales and Scotland) order 2010.

Question 13

What is an example of an order of council? (1)

Answer 13

The fuel crisis of 2000 where the privy council used the enabling act to make special measures in response to lack of fuel supplies.

Question 14

What are the types of control for delegated legislation? (2)

Answer 14

-parliamentary control

-judicial control

Question 15

What are the controls of parliament, in terms of delegated legislation? (5)

Answer 15

-Enabling act
-delegated powers scrutiny committee
-affirmative resolution
-negative resolution
-scrutiny committee

Question 16

What are the control judicially, in terms of delegated legislation? (2)

Answer 16

-ultra vires and judicial review

Question 17

What are the two types of ultra vires? (3)

Answer 17

-procedural ultra vires
-wednesbury unreasonableness
-substantive ultra vires

Question 18

What is substantive ultra vires? (1)

Answer 18

When the courts declare a piece of legislation ultra vires because thee person or body exceeded the power delegated to them.

Question 19

What is procedural ultra vires? (1)

Answer 19

When the courts declare that a piece of legislation is ultra vires because the person or body who made it has not followed the set of procedures needed for it to become viable.

Question 20

What is wednesbury unreasonableness? (1)

Answer 20

When a piece of legislation is so unreasonable that anyone that was thinking reasonable would not have made it, therefore it is ultra vires.

Question 21

What is an advantage to procedural ultra vires? (1)

Answer 21

Means that government bodies or ministers cannot ‘cut corners’ in terms of making clear and reasonable legislation.

Question 22

What is a disadvantage of procedural ultra vires? (1)

Answer 22

Can be time on summing and expensive.

Question 23

What is a advantage to Substantive ultra vires? (1)

Answer 23

Means that government and parliament do not over delegate power and still take some responsibility for the legislation made.

Question 24

What is a disadvantage of substantive ultra vires? (1)

Answer 24

It is expensive and time consuming.

Question 25

What is an advantage of wednesbury unreasonableness? (1)

Answer 25

Means that legislation can be challenged by those in society who think it is not relevant or is unclear and unfair.

Question 26

What is a disadvantage of wednesbury ultra vires? (1)

Answer 26

Can be unclear and widely unacceptable
Can be quickly repealed because of this.