Delegated Legislation Flashcards
What is delegated legislation
Law made by a person or other body than parliament, but with authority of parliament
What 4 bodies can make law under delegated legislation
- Local council
- Private rail companies
- Gov ministers
- local authorities
What are the three types of del leg
- Order in council
- Statutory instruments
- By law /(Devolution)
Describe orders in council
- Created by Monarch and privy council (prime minister, other leading members of gov)
- used in emergencies, Civil Contingencies Act 2004
Describe statutory instruments
- Created by Gov Ministers
- Hold responsibility for a particular area
- Major law making method, 3,000 SI brought upon annually
- PACE, home secretary power to decide on police powers
- Expertise, more comprehensive law
Describe by-laws
- Created by local authorities/ councils/ private and public companies due to their knowledge of the local area
- Devolution is a type of by-law
- Welsh gov can make law without reference to the UK gov
- Full law making power came about, Government of Wales Act 2006
Who makes devolution (type of by-law)
Welsh gov can make law without reference to Uk governments
What three ways is control exercised over delegated legislation
- Parliament
- Committees
- Courts
How is control exercised by parliament
The enabling act - sets boundaries for del leg
Delegated Powers Scrutiny Committee - in HoL and used to consider whether the enabling act that has been passed has given too much power away/inappropriately
How is control exercised by committees (2ways)
- Positive resolution, does not become law unless specifically approved by parliament, who can only annul or withdraw not amend OR Negative resolution, SI layer before parliament, will be law unless rejected by parliament within 40 days
- Questions in parliament individual ministers questioned - Joint Select committee will draw attention to points that need it
What are 2 grounds where Joint select committee would refer back to Houses of Parliament
- Imposes tax or charge
- Has gone beyond power of enabling act
How do courts exercise power
Processed called judicial review, however locus standi is required (right to bring action/appear in court)
What can courts do when it comes to del leg and having locus standi
Can declare as ultra vires
- Substantially UV, beyond what parliament intended in the enabling act
- Procedurally UV, where rules and procedures of enabling act have not been followed ( Aylesbury Mushroom case - where they failed to consult everyone)
