Delegated Legislation Flashcards
What is delegated legislation?
Delegated legislation is a law made by someone other then parliament, but with the authority of an act of parliament it is sometimes referred to as secondary legislation.
What are the three types of delegated legislation?
Statutory instruments, by-laws and orders in council.
What are statutory instruments?
These are laws made by government ministers and their departments.
How many statutory instruments are brought into force each year?
Approximately 3000
What are by-laws?
By-laws must be approved by the relevant Government Minister and are enforceable in the courts. They can be made by either local authorities or public corporations.
What are order in council?
Some of the privy council meet and mostly give legal effect to European Directives, but occasionally, it can also be used to make other types of law.
What can be used to control delegated legislation?
Parliamentary control and judicial control.
What is parliamentary control?
Parliament keeps control over the use of delegated legislation firstly through the careful creation of statutes so that opportunities for the abuse of powers are not created. Parliament can also repeal or amend delegated legislation, meaning that Parliament can make or unmake any law.
What are limits to parliamentary control?
They can’t review all statutory instruments, they aren’t always brought to attention, it is time consuming for parliament and they can hold bias.
What is Judicial control?
Judicial Review is the process through which decisions made by government ministers or local councils can be assessed by the courts to see if the correct procedure has been followed. It is not concerned with the merits of the decision.
What are limits to judicial control?
It costs time and money and some claimants will not be able to afford this.
