delegated legislation Flashcards
what does delegate mean
it means to pass power, responsibility or power to to another or body
what is the enabling acts and what does it set out
they are parent acts which set out the framework legalisation and provide for what is to happen and how the law operate.
what does delegated legislation have the same legal force and effect as
the act of parliament under which it is enacted
what is orders in council
rules made by the government without needing approval from parliament.
what are order in council used for
they are used to put laws or regulations into action, often used for things like enforcing treaties, managing government affairs, or handling emergencies
what is statutory instruments
they are the rules or regulations made by government ministers, who have been given authority
how are a large volume of laws produced by government departments
government departments makes many laws under the authority of the parent acts, might update existing laws or add complex details that couldn’t fit in the main law, ensures that laws remains relevant
how do different government departments contribute to making laws
different government departments handles specific policy areas and creates laws related to those areas
whats by-laws
laws made by local authorities or public corporations need approval from the right government minister, can be enforced in courts
what are the main two parts of control of delegated legislation parliamentary
Affirmative resolution procedure
negative resolution procedure
what is affirmative resolution procedure
it is that statutory instruments must be approved by one or both houses within a specified time, usually between 28 and 40 days, before it can becomes a law
whats a negative resolution procedure
it is the statutory instrument is law before parliament, usually for 40 days and becomes law unless either house votes to annul it
how can delegated legislation be challenged in courts
may be challenged in courts via judicial review which means “exercise of a court’s inherent power at common law to determine whether action is lawful or not”
what are the reasons why we need delegated legislation
to provide more details to an act of parliament
to allow for specialist knowledge or local knowledge
it allows for quicker changes to be done to laws
ADS: delegated recognises what
that different geographical locations have different needs and requirements
