delegated legislation Flashcards
what is primary legislation?
where Parliament make their own laws themselves
what is delegated legislation? how is this allowed?
where power is handed to another person or body outside of Parliament. through enabling act or parent act
what is the Enabling Act?
the law passed by Parliament which gives the body or person outside of Parliament the authority to make laws
list 6 reasons why delegated legislation is needed
emergency
knowledge
flexibility
time
technical expertise
scrutiny
what are the 3 types of delegated legislation and who are they made by?
Orders in Council- monarch and Privy Council
Statutory Instrument- government ministers
By-laws- local authorities and public corporations
explain more about the Orders in Council
consists of the monarch and the Privy Council and it allows the government to make laws without it having to be debated or voted in Parliament
what are the 3 common uses of Orders in Council?
emergencies- Fuel Crisis in September 2000
transferring powers between government departments
making EU directives into law e.g. consumer legislation
what is an EU directive?
an instruction to change the law
provide an example of when the Orders in Council amend law
Misuse of Drugs Act 1971 to downgrade cannabis to a class C drug. 5 years later it upgrades to a class B
explain more about Statutory Instruments
Made by government ministers, for example the minster for transport dealing with road traffic regulations. can be used to amend or update existing legislation. approx 3000 are created each year
what form do SI’s come in? Who does it apply to? provide an example for each form
Orders
Regulations- Coronavirus Regulations 2020-21
Rules- Prison Rules 1999
Codes- Police Codes of Practice under PACE 1984
Applies nationally
Provide an example of an SI
government minister of business and trade increasing national minimum wage under the National Minimum Wage Act 1998
Explain more about By-laws
made by local authorities and public corporations. its purpose is to cover matters within its own area, therefore it applies locally only.
what does the Local Government (Miscellaneous Provisions) Act 1982 do?
Act gives councils permissions to create these by laws.
who has to approve a by-law?
not Parliament but the relevant government minister
examples of local authority bylaws
banning public drinking
banning cycling in public parks
examples of public corporation bylaws
British Railway companies prohibiting smoking on railway carriages
British Airports enforcing rules that regulates public behaviour
how many SI’s are made each year?
approximately 3000
give an example of an emergency law implemented by Orders in Council
Fuel Crisis in September 2000
what act allows local authorities to apply laws to a district?
Local Authorities and Local Government Act 1972
advantages of delegated legislation
time-saving
flexible
scrutiny
expertise
policy over detail
disadvantages of delegated legislation
lack of scrutiny
undemocratic
abused and overused
lack of effective control
violates separation of powers
one disadvantage of delegated legislation is that it can be seen as undemocratic because________
Public corporation members aren’t voted by the public such as railway company employees, meaning they aren’t accountable for any by-laws.
whereas, delegated legislation can be democratic because
government ministers are elected by the public, meaning they can be accountable for the SI’s they implement.
