Delegated legislation

Question 1

What is delegated legislation

Answer 1

Law created by ministers or other bodies under powers given to them by an act of parliament

Question 2

What act grants these bodies their power

Answer 2

Enabling act

Question 3

Reason to use delegated legislation

Answer 3

Parliament may not have the necessary experience, Parliament doesn’t have time, By laws deal with local issues, Laws can be introduced quicker

Question 4

What is the enabling act

Answer 4

Sets out the framework of the law and delegates authority to others to make more detailed law in that area

Question 5

What does the enabling act specify

Answer 5

Who can make the law, in what area and the procedure they must follow

Question 6

What are the three types of delegated legislation

Answer 6

Orders in council, Statutory instruments and By laws

Question 7

What are orders in council for

Answer 7

Can be used to bring an act into force, dissolve parliament, reorganise responsibilities, bringing acts together, transferring responsibility between government and can make laws in emergencies

Question 8

What are statutory instruments

Answer 8

A piece of legislation created by a government minister under the authority of the enabling act

Question 9

What do statutory instruments refer to

Answer 9

Rules and regulations made by the government ministers regarding their area of responsibility

Question 10

How many statutory instruments are made every year

Answer 10

Around 3000

Question 11

What can statutory instruments also be used for

Answer 11

To update the law

Question 12

What are by laws

Answer 12

Laws made by local authorities to cover matters in their own area

Question 13

What can a county council do

Answer 13

Pass by laws that effect the whole country

Question 14

What can by laws control

Answer 14

Parking restrictions, traffic control and regulating behaviour

Question 15

What are the 4 controls parliament have

Answer 15

Approval of the enabling act, Negative resolution procedure, Affirmative resolution procedure and Scrutiny by committee

Question 16

What is the approval of the enabling act

Answer 16

Parliament controls delegated legislation by passing the enabling act that has the guidelines that must be followed

Question 17

What can the enabling act be

Answer 17

Repealed, revoked and amended at any time and then parliament may be required to vote its approval

Question 18

What is negative resolution

Answer 18

This means statutory instruments will automatically become law unless rejected by parliament in 40 days

Question 19

What is the issue with negative resolution

Answer 19

Few are looked at every year so they are passed without being checked

Question 20

What is affirmative resolution

Answer 20

Statutory instruments will not become law unless it has been approved by parliament

Question 21

What are some issues with affirmative resolution

Answer 21

Only a small number are subject to this and parliament cannot amend statutory instruments they can only annul or withdraw them

Question 22

What is the scrutiny committee

Answer 22

Are effective to check statutory instruments

Question 23

What does the scrutiny committee ensure

Answer 23

That statutory instruments do not impose a tax or charge, have a retrospective effect that was not provided by the enabling act, appear to have gone beyond its powers or used them in an unusual way

Question 24

How effective are parliament controls

Answer 24

Act as a check however not all can be checked, By laws allow local issues to be addressed, Affirmative requires debate so its time consuming, Committee report back to parliament

Question 25

What are the 4 controls the courts have

Answer 25

Judicial review, Substantive ultra vires, Procedural ultra vires, Wednesbury unreasonableness

Question 26

What is judicial review

Answer 26

Control delegated legislation through the doctrine of judicial review and decides whether the legislation is ultra vires and challenges the lawfulness of administrative decision making

Question 27

What does ultra vires mean

Answer 27

Acting or gone beyond ones legal power or authority

Question 28

Who partakes in judicial review

Answer 28

Special administrative court within the kings bench divisional court

Question 29

What must the person challenging the legislate in judicial review have

Answer 29

A standing (interest) and is directly affected by the legislation

Question 30

What is procedural ultra vires

Answer 30

The legislation is declared ultra vires because the correct procedure in the enabling act was not followed

Question 31

What is substantive ultra vires

Answer 31

The rule making body does not have the substantive power under the enabling act to make the rules in question

Question 32

What is wednesbury unreasonableness

Answer 32

The decision is so unreasonable that no reasonable body would ever consider imposing it

Question 33

The effectiveness of the controls by court

Answer 33

If the legislation is ultra vires its struck down by the court, Ensures laws are created in accordance to the enabling act, Courts cannot amend legislation they can only declare it void, Judicial review only occurs if the case comes to court however people may not have the legal fees

Question 34

What will happen if an administrative body has used their legislative power in a way that goes against the human rights act

Answer 34

It will be declared ultra vires

Question 35

Advantages of delegated legislation

Answer 35

Time saving, speed, Detail, Flexibility, Controlled by parliament and court

Question 36

Disadvantages of delegated legislation

Answer 36

Delegation of law, Undemocratic, Large volume, Difficult to understand if it doesn’t come from parliament