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Delegated Legislation Flashcards

1
Q

What are by laws?

A

By laws are an enabling act passed by the government that allow local authorities to make laws

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2
Q

What is an example of a By law?

A

Weymouth and Portland BC used Public Health Act 1907 to pass law preventing motorised vehicles on a promenade

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3
Q

What does the Local Government Act 1972 allow?

A

Allows local authorities to make laws in their jurisdiction

Trafalgar Square and Parliament by Law 2002 don’t feed birds

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4
Q

Can the government allow corporations to make laws?

A

Yes in their jurisdiction

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5
Q

What is an example of the government letting corporations make laws?

A

The British Airports Authority

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6
Q

What is a statutory instrument?

A

Delegated legislation made by government ministers who are heads of departments

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7
Q

What does The Legislative and Regulatory Reform Act 2006 allow?

A

Gives powers to make ‘legislative reform orders’ which amend acts

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8
Q

On average how many statutory instruments are made per year?

A

3000 (parliament wouldn’t have time)

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9
Q

What are some examples of Statutory Instruments?

A

National Minimum Wage Act 1998 - allowing regular increases in the national minimum wage
Police and Criminal Evidence Act 1984 - allows police powers to be changed

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10
Q

What are Orders in Council

A

Legislation made by the Privy Council

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11
Q

Who is the Privy Council made up of?

A
  • Current and former government ministers
  • Senior politicians
  • Royal family
  • Archbishops
  • Judges

(420 members/20 meet)

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12
Q

What act allows the privey council to make legislation?

A

The Emergency Powers Act 1920

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13
Q

Under The Emergency Powers Act 1920 when can the privey council make legislation?

A

When dissolving government
Dealing with foreign affairs
National emergencies

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14
Q

What did the Afghanistan Order 2001 do?

A

Prevented people transferring funds to the Taliban or Bin Laden

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15
Q

What did the Terrorism Order 2001 do?

A

Allowed the freezing of funds of supporters of terrorism

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16
Q

Is a lack of parliamentary time an advantage or disadvantage of delegated legislation?

A

Advantage

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17
Q

Is the speed of making Delegated Legislation an advantage or disadvantage of delegated legislation?

A

Advantage

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18
Q

What is the use of local knowledge an advantage of?

A

By Laws

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19
Q

What is “use in emergencies” an advantage of?

A

Orders in Council

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20
Q

What is a benefit of making The Air Navigation Order by delegated legislation?

A

Because there is complex technical detail needed that MP’s lack

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21
Q

How is lack of publicity a disadvantage of Delegated legislation?

A

MP’s and the public may not be aware

22
Q

Is delegated legislation less democratic then Acts of parliament?

Why?

A

Yes there is less debate

23
Q

What is the drawback of sub-delegation?

A

The legislation could become not what parliament wanted as passed down to far

24
Q

What does Ministers making laws go against?

A

Montesquieus theory of separation of powers

25
How does revocation give parliament control over delegated legislation?
As they can revoke legislation
26
What is a Negative Resolution Procedure?
MP’s have 40 days to lay down a motion to have it annulled- if so a vote is held
27
What is an Affirmative Resolution Procedure?
When delegated legislation is dealing with something that has constitutional significance a debate is allowed in parliament then a vote
28
What is an example of when an affirmative resolution procedure is used?
The Police and Criminal Evidence Act 1984
29
What is a Super-affirmative Resolution Procedure?
The Legislative and Regulatory Reform Act 2006 gives executive wide powers to make leg - super affirmative needed to **check leg reforms** - par can scrutinise and changes can be made to draft
30
What can the committee do?
Can send back if wrong but not stop
31
Can the House of Lords veto? | Example?
Yes an example is when they **rejected** an order imposing **sanctions against Rhodesia**
32
What is a benefit of parliamentary control?
They can revoke any delegated legislation
33
What is meant by Judicial Control?
Judges can challenge del leg through the courts if deemed ‘ultra virus’ (gone beyond powers of enabling act)
34
What is meant by procedural Ultra Vires?
Procedures in enabling act must be followed otherwise ultra vires
35
What is the case for Procedural Ultra Vires?
**Agriculture**, Horticulture, & Forestry Training **Board** v **Aylesbury Mushrooms** Ltd
36
What is the key point of Agriculture, Horticulture, & Forestry Training Board v Aylesbury Mushrooms Ltd
Enabling act said must inform interested parties which they failed to do
37
What is meant by Substantive Ultra Vires?
When leg makers have gone **beyond the powers** of the enabling act
38
What is an example of Substantive Ultra Vires?
**A**ttorney **G**eneral v **Fulham** Corporation - allowed to build wash house, built laundry
39
What is meant by unreasonableness?
If the rules are ‘**manifestly unjust**’ courts will declare **void**
40
What is a case example of when del leg was deemed unreasonable?
**Strickland v Hayes** - law prohibited rude songs in public and private - drawn to widely unfair
41
What is meant by the control of consultation?
When professionals are consulted with e.g if road leg then AA/RAC
42
What is meant by the control of Publication?
All del leg must be published so in theory open to public scrutiny
43
How is Parliament being able to revoke any delegated legislation a benefit?
Maintains Parliamentary Sovereignty (control)
44
How are Affirmative and negative resolution procedures a benefit?
Gives MP’s power if they want to question
45
Can MP’s raise issues they have had brought to them about Delegated Legislation in Parliament? | Yes/No Question?
Yes
46
What does the House of Lords act as in terms of checking Delegated Legislation?
A constitutional safe guard
47
Can Committee Supervision check all Delegated Legislation effectively?
No | Up to 3000 per year
48
Can the Committee say if Delegated Legislation is written poorly?
No can only say if fair (draw back)
49
How are judicial controls positive?
It gives the public a means of challenging Delegated Legislation if has gone beyond powers
50
What’s the main drawback of judicial controls?
Most people are **unaware** of the legislation and that they **can challenge it**, they may **not** be **able to afford to** and they also need a problem to be able to start a court case
51
What is the phrase that describes how a person is not likely to win against a corporation?
“One shorter against repeat player”

Legislation (3 decks)

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