Delegated Legislation Flashcards
What are by laws?
By laws are an enabling act passed by the government that allow local authorities to make laws
What is an example of a By law?
Weymouth and Portland BC used Public Health Act 1907 to pass law preventing motorised vehicles on a promenade
What does the Local Government Act 1972 allow?
Allows local authorities to make laws in their jurisdiction for example Trafalgar Square and Parliament by Law 2002 don’t feed birds
Can the government allow corporations to make laws?
Yes in their jurisdiction
What is an example of the government letting corporations make laws?
The British Airpots Authority
What is a statutory instrument?
Delegated legislation made by government ministers who are heads of departments
What does The Legislative and Regulatory Reform Act 2006 allow?
Gives powers to make ‘legislative reform orders’ which amend acts
On average how many statutory instruments are made per year?
3000 (parliament wouldn’t have time)
What are some examples of Statutory Instruments
National Minimum Wage Act 1998 - allowing regular increases in the national minimum wage
Police and Crimean Evidence Act 1984 - allows police powers to be changed
What are Orders in Council
Legislation made by the Privy Council
Who is the Privy Council made up of?
Current and former government ministers, senior politicians, royal family, archbishops, judges (420 members/20 meet)
What act allows the privey council to make legislation?
The Emergency Powers Act 1920
Under The Emergency Powers Act 1920 when can the privey council make legislation?
When dissolving government
Dealing with foreign affairs
National emergencies
What did the Afghanistan Order 2001 do?
Prevented people transferring funds to the Taliban or Bin Laden
What did the Terrorism Order 2001 do?
Allowed the freezing of funds of supporters of terrorism
Is a lack of parliamentary time an advantage or disadvantage of delegated legislation?
Advantage
Is the speed of making Delegated Legislation an advantage or disadvantage of delegated legislation?
Advantage
What is the use of local knowledge an advantage of?
By Laws
What is use in emergency’s an advantage of?
Orders in Council
What is a benefit of making The Air Navigation Order by delegated legislation?
Because there is complex technical detail needed that MP’s lack
How is lack of publicity a disadvantage of Delegated legislation?
MP’s and the public may not be aware
Is delegated legislation less democratic then Acts of parliament?
Yes there is less debate
What is the drawback of sub-delegation?
The legislation could become not what parliament wanted as passed down to far
What does Ministers making laws go against?
Montesquieus theory of separation of powers
How does revocation give parliament control over delegated legislation?
As they can revoke legislation
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
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
What is an example of when an affirmative resolution procedure is used?
The Police and Criminal Evidence Act 1984
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
What can the committee do?
Can send back if wrong but not stop
Can the House of Lords veto?
Yes an example is when they rejected an order imposing sanctions against Rhodesia
What is a benefit of parliamentary control?
They can revoke any delegated legislation
What is meant by Judicial Control?
Judges can challenge del leg through the courts if deemed ‘ultra virus’ (gone beyond powers of enabling act)
What is meant by procedural Ultra Vires?
Procedures in enabling act must be followed otherwise ultra vires
What is the case for Procedural Ultra Vires?
Agriculture, Horticulture, & Forestry Training Board v Aylesbury Mushrooms Ltd
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
What is meant by Substantive Ultra Vires?
When leg makers have gone beyond the powers of the enabling act
What is an example of Substantive Ultra Vires?
Attorney General v Fulham Corporation - allowed to build wash house, built laundry
What is meant by unreasonableness?
If the rules are ‘manifestly unjust’ courts will declare void
What is an example of when del leg was deemed unreasonable?
Strickland v Hayes - law prohibited rude songs in public and private - drawn to widely unfair
What is meant by the control of consultation?
When professionals are consulted with e.g if road leg then AA/RAC
What is meant by the control of Publication?
All del leg must be published so in theory open to public scrutiny
How is Parliament being able to revoke any delegated legislation a benefit?
Maintains Parliamentary Sovereignty (control)
How are Affirmative and negative resolution procedures a benefit?
Gives MP’s power if they want to question
Can MP’s raise issues they have had brought to them about Delegated Legislation in Parliament?
Yes
What does the House of Lords act as in terms of checking Delegated Legislation?
A constitutional safe guard
Can Committee Supervision check all Delegated Legislation effectively?
No as there are up to 3000 per year
Can the Committee say if Delegated Legislation is written poorly?
No can only say if fair (draw back)
How are judicial controls positive?
It gives the public a means of challenging Delegated Legislation if has gone beyond powers
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
What is the phrase that describes how a person is not likely to win against a corporation?
“One shorter against repeat player”
