Delegated Legislation

Question 1

D.L Advantages

Answer 1

1) Saves parliamentary time- allows parliament to focus on more important issues(gay marriage)
2) Large amount of D.L- 3000 SI created per year saves a lot of time
3) Made quickly in times of emergency- allows us to respond quickly without going through the long process of parliamentary made laws eg.9/11
4) Controls in place-the law is checked against the parent act & SI through one of the resolutions
5) D.L is made by people with expertise in that field- more likely to be well thought through effective law
6) By laws make law to suit local area- allows for flexibility & ensures the law is relevant &I right for the area eg Dog fouling act Eastbourne
7) Period of consultation- allowing the public & experts to have their say
8) D.L can be quickly revoked by parliament if they need to be ultimate control
9) Laws are detailed & throughly written

Question 2

D.L Disadvantages

Answer 2

1) Large amounts of D.L-goes against the principle of parliamentary supremacy
2) Sub delegation-illegal the parent act is not being followed parliament has give the law making power to an expert and its shouldn’t be ignored
3) Made quickly in times of need- may be rushed & not properly thought through
4) Few controls over D.L- court controls come into force when someone takes it to court, so only 6 park controls in place= badly made laws may go undetected
5) S.I- made by non elected civil servants undemocratic the public do not vote on who is give power
6) Obscure wording- difficult for general public to understand
7) Period of consultation- time consuming not necessarily listened to
8) Detailed laws- may make it more difficult to understand or read

Question 3

Orders in council

Answer 3

-Made by the queen and privy council (prime minister & leading government ministers)
X4uses
1)Foreign affairs e.g Afghanistan order 2001- named us from being involved in Taliban and Osama bin laden
2)E.U- comply to EU laws eg. Weight and measures act pounds & Oz to grams and Kgs bendy bananas- selfie reduced price
3)Emergency situations- Terrorism order 2001- banned from giving terrorist organisations funds -parents acts : emergency powers act 1920 and civil contingencies act 2004
4)Transferring responsibilities- Scotland act: Scotland can now make its own laws
-Nation assembly of Wales act- power to Wales

Question 4

Statutory Instruments

Answer 4

-Made by a government minister within their area of responsibility eg. Education
X4 uses
1)New laws eg. Mobile phones banned while driving
2)Updating law eg. Minimum wage
3)Complying with the EU eg. Consumer right and health and safety
4)Commencement orders eg. Public smoking 2007 (Jan-July)
-Law made give period of time before comes in place

Question 5

By-Laws

Answer 5

-Made by local authorities (councils)
1-Use to make laws that suit the local area
-Dog fouling act 1996
-Littering, ball games, skate boarding
-Parking restrictions, pedestrians areas
Parent act: Local government act 1972
2-Made by public companies
-Use: to protect their property and to protect the public on their property
-eg. Banning smoking on London Underground and national rail

Question 6

Court controls

Answer 6

-If a judicial review takes pleads and the judge isn’t happy with the law it is made void (can’t be amended)
-Relies on someone taking the issue to court
X3 Types
1)Procedural ultra vires- procedure in the parent act is not followed (Gone beyond powers) Aylesbury mushrooms -growers not consulted before law was made
2)Substantial ultra vires- the wrong person or wrong law is made (gone beyond powers of parent act- fire brigade Union: compensation scheme changed to much
3)Unreasonableness- if the law of seem to be unreasonable it is made void- Swindon NHS trust: cancer sufferer wasn’t given the drugs that other people were given

Question 7

Parliamentary Controls

Answer 7

1)Initially through parent act- given boundaries to how the law is made Who,What,How
2)House of lords delegated powers scrutiny committee- checks the parent act to make sure power it’s given away is appropriate
(1,2 apply to all 3 types of D.L)
3)Joint select committee- check parent act has been followed
4)Affirmative resolution- the law is only passed if approved in 40 days
OR
5)Negative resolution- law passed automatically unless it’s been challenged
(3,4,5 apply to S.I)
(4,5 only one told which one in parent act)
6)Parliament can revoke the law- at any time in future ensures parliament has ultimate power- parliamentary supremacy
(6 all 3 types of D.L)

Question 8

D.L basics

Answer 8

• A law made by a person or body other than parliament, but with the authority of parliament
• Parent Act: An act written by parliament which delegates law making power to another and sets the boundaries to be followed
• Who makes law
• What law
• How the law is made procedure