Delegated Legislation Flashcards
what is delegated legislation?
when law is made by someone other than Parliament but with the authority of Parliament. Parliament creates a parent act (enabling act) giving this legislative power to that person.
three types of delegated legislation
orders in council (privy council)
statutory instruments (gov minister)
by-laws (local authorities)
what is orders in council?
legislation made in the name of the Queen made by the Privy Council. Orders in Council allows laws to be made without going through the law-making process.
what are orders in council used for?
- to give legal effect to EU directives
- transfer responsibility between gov departments
- bring new laws into force (setting a date)
- make emergency laws eg. the Civil Contingencies Act 2004 (this power is exercised when Parliament is not sitting)
- small changes eg. changing cannabis to Class C in 2003, later changed back to Class B in 2008.
leader of the privy council?
what are the controls of delegated legislation?
it doesnt go through the stringent process of the law making process, therefore some thinks itll cause more mistakes in the law.
however, Parliament sets out safeguards against this. when an enabling act is passed, controls are also set to ensure the process is followed.
two types of controls of delegated legislation
controls by Parliament
controls by the Courts
Parent Act (Enabling Act)
strengths and weaknesses
Affirmative Resolution
Super-Affirmative Resolution
Negative Resolution
Questions in Parliament
Scrutiny Committees
summary of controls by parliament
delegated legislation is drafted, then parliamentary controls can approve, reject or amend the legislation
controls by courts
controls by courts come after delegated legislation has been passed and challenged the legislation on the grounds that it is ultra vires (not valid law).
