Delegated Legislation Flashcards
What is Delegated Legislation?
Laws made by a body other than Parliament, but with the authority granted by Parliament through an Enabling Act.
What are Orders in Council?
Laws made by the Privy Council (including the Prime Minister and senior ministers).
Used in emergencies or to transfer responsibilities between government departments.
Example: The Misuse of Drugs Act 1971 (Modification) Order 2003, which reclassified cannabis.
What are Statutory Instruments?
Laws made by government ministers under the authority of an enabling Act.
Used for updating laws, bringing Acts into force, and making detailed rules.
Example: The Police Codes of Practice under PACE 1984 (governing police powers like stop and search).
What are By-Laws?
Laws made by local authorities or public corporations concerning local matters.
Must be approved by a relevant government minister.
Example: Local parking restrictions set by a council or smoking bans on trains by Transport for London.
How does the Enabling Act control DL?
Sets the scope, purpose and procedures of DL. Parliament can amend or repeal the Act, limiting the power of delegated.
What is the Affirmative Resolution procedure?
DL must be approved by Parliament within a set time (usually 40 days) before it becomes law. Used for significant measures.
What is the Negative Resolution procedure?
DL becomes law unless Parliament rejects it within 40 days. Common and quicker than affirmative procedure.
What is substantive Ultra Vires?
The DL goes beyond the powers in the Enabling Act.
Case: R v Home Secretary ex parte Fire Brigades Union (1995) – SI was struck down for exceeding ministerial powers.
What is Procedural Ultra Vires?
The correct legal procedure was not followed.
Case: Aylesbury Mushrooms (1972) – SI invalid as consultation was not done properly.
What is Wednesbury Unreasonableness?
The DL is so unreasonable that no sensible authority would have made it.
Case: Rodgers v Swindon NHS Trust (2006) - Denial of a drug to a cancer patient was ruled unreasonable.
What is Human Rights Violations?
If the DL conflicts with human rights, it can be challenged.
Case: NI Human Rights Commission (2018) – Led to the decriminalisation of abortion in Northern Ireland.
Advantages of Delegated Legislation.
Saves time in Parliament
Access to expertise
Flexibility and speed
Allows detailed and technical rules
Local input for local issues
Disadvantages of Delegated Legislation.
Undemocratic
Lack of scrutiny
Risk of an abuse of power
Difficult to control due to volume
Lack of publicity
