Delegated legislation (2)

Question 1

what does delegated legisaltion mean

Answer 1

to give a particular people powers to make laws without it having to go through the parlimentary law making process

Question 2

what is the enabling act

Answer 2

it creates a structure for the law and then delegates powers to others to make more detailed law in the area

Question 3

what are the 3 types of delegated legislation

Answer 3

• statutory instruments
• orders in council
• by laws

Question 4

Tell me about statutory instuments

Answer 4

• made by government ministers and departmets
• has national effect
• comes in the form of regulations, orders, rules or codes of practices
• around 3000 are created each year ( MAJOR form of law making)
• introduced by negative or affermative resolution

Question 5

what is the example of statutory instuments

Answer 5

The rights of the subject, protections of freedoms act 2012.

Question 6

Tell me about orders in council

Answer 6

• made by the king and privy council
• has national or local effect
• used in times of emergency
• drafted by govt ministers
• used to transfer power between govt departments

Question 7

what is the example of orders in council

Answer 7

Misuse of drugs act 1971

Question 8

Tell me about by laws

Answer 8

• made by local authority or public corporation
• has local effect
• must be approved by relevent govt department

Question 9

what is the example of by laws

Answer 9

the local government act 1972

Question 10

what is a parent act

Answer 10

gives the right to create one of the delegated legislation.

Question 11

why do we need to control delegated legislation

Answer 11

Because it is being made by unelected people, which is undemocratic. Parliament therefore need to check the powers it has given away are being used fairly and correctly.

Question 12

what controls do parliament set on delegated legislation

Answer 12

• enabling act
• scrutiny committees
• laying before parliament (affirmative and negative resolution)

Question 13

what does the enabling act do

Answer 13

• outlines the powers and boudaries
• prevents abuse of power (ultra vires) / going beyond your power
• DL is void if a body abuses the power under the enabling act

Question 14

give an example of an enabling act

Answer 14

the police and criminal evidence act 1984

Question 15

what are the 2 types of scrutiny committees

Answer 15

• delegated powers scrutiny committees
• joint scrutiny committees on statutory instruments

Question 16

what does the delegated powers scrutiny committee do

Answer 16

scrutinises bills and potential delegated powers, they report the findings, but they have no power to change it.

Question 17

what does the joint scrutiny committee on statutory instruments do

Answer 17

considers statutory instruments made under the enabling act. can not change them

Question 18

what are the 2 types of laying before parliment

Answer 18

affermative resolution
negative resolution

Question 19

what does affermitive resolutuon do

Answer 19

statutory instruments are presented to parliament
requires a vote from both houses to show approval
only becomes law if been approved by a vote

Question 20

what does negative resolution do

Answer 20

statutory instrument is presented to parliament
There is no vote
laid there for 40 days and if no objections it will become law.

Question 21

how effective are parliamentary controls

Answer 21

• enabling act sets clear limits to control DL
• scrutiny committees check the proposals before they become laws
• affirmative resolution gives parliament a strong power to control DL
• negative resolution ensures statutory instruments are checked before they come into force

Question 22

what are the 4 court controls on DL

Answer 22

• ultra vires
• substantive ultra vires
• substantive ultra vires for unreasonableness
• procedural ultra vires

Question 23

what does ultra vires mean

Answer 23

beyond their power
and has exceeded their powers

Question 24

what does substantive ultra vires mean

Answer 24

a body has exceeded their powers when making DL

Question 25

what is the example for substantive ultra vires

Answer 25

fire brigades union

Question 26

what does substantive ultra vires for unreasonableness mean

Answer 26

a body has gone beyond their powers given to them in the enabling act by making an unfair or unreasonable law.

Question 27

what is the example for ultra vires for unreasonableness

Answer 27

the Wednesbury case

Question 28

what does procedural ultra vires mean

Answer 28

the DL has been made following the incorrect processes

Question 29

what is the example for procedural ultra vires

Answer 29

Aylesbury mushrooms case

Question 30

how effective are the court controls

Answer 30

• it is hard for the courts to control DL
• the law will already be in force before the courts can check and control it
• courts can declare DL void
• courts provide a check on the law making powers

Question 31

advantages of using delegated legislation

Answer 31

• saves time and money
• allows the use of expertise when law making
• DL goes through more consultation
• range of controls to monitor and control DL

Question 32

disadvantages of using delegated legislation

Answer 32

• it is undemocratic
• law making powers can be sub delegated
• there is too much DL for it all to be checked
• the language used in it is too complicated

Question 33

why do we need delegated legislation

Answer 33

• lack of parliamentary time
• technical expertise can be used
• more extensive consultation
• quicker
• easier to amend/ change