Delegated legislation Flashcards
what are the three types of delegated legislation
Order in council
By law
Statutory
What are orders in council
-made by king and privy council
-allows government to make laws without permission from house of lords
when have orders in council been used
emergencies e.g petrol crisis 2000
transferring powers between government departments
amending some types of law such as misuse of drugs act 1971
what is an EU directive
someone who makes law in times of national emergency
what are statutory instruments
made by government ministers such as minister for transport
must be approved by parliament
can amend/update provisions eg building regulations 2010
what are by laws
made by local authorities or public corporation
don’t have to be approved by parliament
e.g parking restrictions.
advantages of delegated legislation
-saves parliament time
(only 35 acts passed in 2017 shows lack of parliament time)
-allows the use of specialist knowledge
(The Human Embryology And Fertilisation Act 1990)
-speed when necessary
(Order to ban storage of petrol during fuel crisis 2000)
-opportunity for further consultation
(Aylesbury v mushroom growers.)
disadvantages of delegated legislation
-undemocratic
(civil servants make 1000s of SI every year)
-lack of publicity
(R v Chambers judges unaware of new law)
-difficult wording
(people may not understand law to follow it)
explain controls of delegated legislation by parliament
-enabling act
effective because can be repealed or varied Parliament sovereignty maintained
-negative resolution
effective because gives H chance to raise Obj.
ineffective because MPs are busy
-affirmative resolution
effective because allows debate
ineffective because time consuming
-super affirmative resolution
effective because gives parliament control
ineffective because requires time
-HOL DP scrutiny committee
effective EA is reviewed
ineffective limited scope
-joint committee on SI
effective allows many SI to be subject to scrutiny
ineffective can only report back on findings
explain control by court on DL
-judicial review
effective holds law makers to account
ineffective courts have little control
-substantive ultra vires
power used for the wrong reason e.g R v home secretary ex parte home brigades union
-procedural ultra vires
procedure not been followed
Aylesbury v mushroom
-ultra vires if reasonable
no reasonable person would do
R v swindon (breast cancer
why is delegated legislation needed
-lack of parliamentary time
-quick law making
-easy to amend
-lots of detail
-local knowlegde
