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Law > Delegated Legislation > Flashcards

Delegated Legislation Flashcards

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1
Q

What is an Enabling Act?

A

Act gives the right to create one of the three delegated legislations

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2
Q

What are the three types of delegated legislation?

A

Orders in Council
Statutory Instruments
By Laws

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3
Q

Who are Orders in Councils made by?

A

King and Privy Council

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4
Q

Example of an Order in Council?

A

Misuse of Drugs Act 2008

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5
Q

Who are Statutory Instrument made by?

A

Made by government ministers

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6
Q

Example of a Statutory Instrument?

A

PACE 1984

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7
Q

Who are By Laws made by?

A

Local authorities and public corporations

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8
Q

Example of By Laws?

A

Local parking regulations

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9
Q

Reason for Delegated Legislation?

A

Detailed Law
Expert Knowledge
Local Knowledge
Need for consultation

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10
Q

Advantages of Delegated Legislation?

A

Saves parliamentary time
Technical expertise
Allows consultation
Allows quick law making
Easy to amend

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11
Q

Disadvantages of Delegated Legislation?

A

Undemocratic
Sub-Delegation
Lack of Publicity
Difficult Wording

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12
Q

Definition of ultra vires?

A

Goes beyond the powers that Parliament granted in the Enabling Act, meaning not valid

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13
Q

Case for ultra vires?

A

R v Homesecretary ex parte, Fire Brigades Union

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14
Q

What case states not allowed to make unreasonable regulations?

A

Strickland v Hayes Borough Council

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15
Q

What case shows delegated legislation not followed properly is ultra vires?

A

Aylesbury Mushroom case

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16
Q

What are the checks on delegated legislation?

A

Affirmative Resolution
Negative Resolution
Questioning Government Ministers
Scrutiny Committee

17
Q

What Act aims at repealing an existing law to remove a burden?

A

The Legislative Regulatory Reform Act 2006

18
Q

Procedures used by the The Legislative Regulatory Reform Act 2006?

A

Negative Resolution
Affirmative Resolution
Super-Affirmative Resolution

19
Q

Definition of Affirmative Resolution?

A

Statutory instruments will not become law unless approved by Parliament. Cannot amend a statutory instrument, can only be annulled, approved or withdrawn

20
Q

Example of Affirmative Resolution?

A

PACE 1984

21
Q

Definition of Negative Resolution?

A

Relevant statutory instruments will be law unless rejected by Parliament within 40 days

22
Q

What do the Scrutiny Committee do regarding delegated legislation?

A

Reviews all statutory instruments, will draw attention to both Houses of Parliament on points that need more consideration. No power to alter statutory instruments.

Law (5 decks)

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