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Legislation > Delegated Legislation > Flashcards

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 for example 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 Airpots 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 Crimean 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 emergency’s 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?

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
Q

How does revocation give parliament control over delegated legislation?

A

As they can revoke legislation

26
Q

What is a Negative Resolution Procedure?

A

MP’s have 40 days to lay down a motion to have it annulled- if so a vote is held

27
Q

What is an Affirmative Resolution Procedure?

A

When delegated legislation is dealing with something that has constitutional significance a debate is allowed in parliament then a vote

28
Q

What is an example of when an affirmative resolution procedure is used?

A

The Police and Criminal Evidence Act 1984

29
Q

What is a Super-affirmative Resolution Procedure?

A

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
Q

What can the committee do?

A

Can send back if wrong but not stop

31
Q

Can the House of Lords veto?

A

Yes an example is when they rejected an order imposing sanctions against Rhodesia

32
Q

What is a benefit of parliamentary control?

A

They can revoke any delegated legislation

33
Q

What is meant by Judicial Control?

A

Judges can challenge del leg through the courts if deemed ‘ultra virus’ (gone beyond powers of enabling act)

34
Q

What is meant by procedural Ultra Vires?

A

Procedures in enabling act must be followed otherwise ultra vires

35
Q

What is the case for Procedural Ultra Vires?

A

Agriculture, Horticulture, & Forestry Training Board v Aylesbury Mushrooms Ltd

36
Q

What is the key point of Agriculture, Horticulture, & Forestry Training Board v Aylesbury Mushrooms Ltd

A

Enabling act said must inform interested parties which they failed to do

37
Q

What is meant by Substantive Ultra Vires?

A

When leg makers have gone beyond the powers of the enabling act

38
Q

What is an example of Substantive Ultra Vires?

A

Attorney General v Fulham Corporation - allowed to build wash house, built laundry

39
Q

What is meant by unreasonableness?

A

If the rules are ‘manifestly unjust’ courts will declare void

40
Q

What is an example of when del leg was deemed unreasonable?

A

Strickland v Hayes - law prohibited rude songs in public and private - drawn to widely unfair

41
Q

What is meant by the control of consultation?

A

When professionals are consulted with e.g if road leg then AA/RAC

42
Q

What is meant by the control of Publication?

A

All del leg must be published so in theory open to public scrutiny

43
Q

How is Parliament being able to revoke any delegated legislation a benefit?

A

Maintains Parliamentary Sovereignty (control)

44
Q

How are Affirmative and negative resolution procedures a benefit?

A

Gives MP’s power if they want to question

45
Q

Can MP’s raise issues they have had brought to them about Delegated Legislation in Parliament?

A

Yes

46
Q

What does the House of Lords act as in terms of checking Delegated Legislation?

A

A constitutional safe guard

47
Q

Can Committee Supervision check all Delegated Legislation effectively?

A

No as there are up to 3000 per year

48
Q

Can the Committee say if Delegated Legislation is written poorly?

A

No can only say if fair (draw back)

49
Q

How are judicial controls positive?

A

It gives the public a means of challenging Delegated Legislation if has gone beyond powers

50
Q

What’s the main drawback of judicial controls?

A

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
Q

What is the phrase that describes how a person is not likely to win against a corporation?

A

“One shorter against repeat player”

Legislation (2 decks)

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