delegated legislation Flashcards
what is delegated legislation
is a law made by a body other than parliament but with authority given to it by parliament
what are the 4 types of delegated legislation
statutory instruments, byelaws, order in council, devolution
what are statutory instruments
When power is given to a minister to implement an act of Parliament
what are byelaws
made by local authority’s usually concerning local matters e.g. banning dogs dogs from the beach during certain months or littering fines.
what are orders in council
generally made in times of emergency, have to be approved by the privy council. can be used to amend law. e.g. the misuse of drugs act 1971 (modification) order 2003 lowered cannabis from a class B to class C drug.
what is devolution
this is the process of transferring power from central government to local governments .
what are the parliamentary controls of delegated legislation (5)
affirmative resolution, negative resolution, super affirmative procedure, consultation, joint committee on statutory instruments
what is affirmative resolution
where the statutory instrument has to be laid before the houses of parliaments and they must approve the measure
what is negative resolution
where the instrument is published with no vote or debate, it may be annulled by either house of parliament.
what is the super affirmative procedure
sometimes requred to oversee legisation under the legislative and regulatory reform act 2006. provides parliament with more power to scrutinaise proposed legislation.
what is consultation
many enabling acts require consultation with interesteed or affected partys.
what is the JCSI
all statutory instruments are subject to review by the JCSI which reports to parliament with any instruments that need special consideration
what are all the judicial controls of delegated legislation
procedural ultra vires, substantive ultra vires, unreasonableness
what is procedural ultra vires with a case example
this is where the procedures laid down in the enabling act aren’t followed e.g. consultation is required but it wasn’t completed.
CASE- forestry industry training board v Aylesbury mushrooms ltd (1972)- consultation was required but it was not carried out so it was declared as procedurally ultra vires.
what does ultra vires mean
“beyond the powers”
what is substantive ultra vires with a case example
this is where the delegated legislation goes beyond what parliament intended.
Customs and excise v cure and Deeley (1962)- customs commissioner tried too impose a tax and decided the amount but this went beyond the powers conferred by parliament.
what is unreasonableness with a case example
legislation can be challenged as unreasonableness if the person making it took things into consideration they shouldn’t have or didn’t take into count something they should have. it needs to be proved that it is a decision no reasonable body could come to.
associated picture houses ltd v Wednesbury corporation 1947- a cinema was allowed open on Sundays but its licence meant under 15s weren’t allowed in. the cinema challenged saying it was unreasonable the courts disagreed.
what are the advantages of delegated legislation
- flexibility: delegated legislation is easier than passing a whole new bill
- time: parliament does not have time to create the smaller laws for towns so it saves there time
-speed: it is quicker to introduce - local knowledge: the people making byelaws would have the local knowledge to be able to make them successfully.
what are the disadvantages to delegated legislation
- there is a lack of control when passed with the negative procedure which most are
- undemocratic- argued that laws should be made by those elected to do so , delegated legislation is made by unelected individuals
- volume- so much DL is made a year it can be difficult to keep up with
