Delegated Legislation Flashcards
what is delegated legislation
Parliament issuing power to another body
where do all types of delegated legislation begin
A parenting or enabling act
what are the 3 types of delegated legislation
Statutory instruments
orders in council
Bylaws
who are bylaws created by
local authorities and large co-operations
who are orders in council created by
parliament grant power to privvy council and the queen
who are statutory instruments created by
Parliament grant power to government ministers
Give an example of an order in council
No ball games
No dog walking on seaburn beach in certain areas
what are the 4 needs for DL
Time
easily updated law
flexibility
DL to other bodies
Give reason why time is a need for DL
The process for stat creation is lengthy because parliament gets very busy and time is short
so DL can be passed through quicker
how is the law being easily updated an advantage
The law constantly needs uodating. Provisions of the law can be easily added to acts. This aids the movement of fast moving acts ie. technology
R v R
How is flexibility an advantage of DL
It can be introduced and amended for different areas of law
how is giving power to other bodies an advantage of DL
By giving power to other bodies parliament can focus on national law issues such as the NHS
what are the 5 parliamentary controls
The enabling act affirmative resolution negative resolution super affirmative resolution scrutiny committees
what is the method of court control for delegated legislation
Judicial Review
what are the 3 categories of judicial review
Procedural
Substantive
unreasonable
explain procedural ultravirus judicial review as a court control with a case
If parliament fail to follow the parenting or enabling act someone can challenge the legislation. Illustrated in Aylesbury mushrooms 1972 a minister failed to consult a mushroom growers association before which represented 85% of all mushroom groves
Explain a substantive ultravirus judicial review as a court control
whereby a minister goes against their given power ie. the minister of education passes a law in health.
R v home secretary exp fire brigades union whereby the home secretary of state made changes to criminal injuries compensation scheme.
Explain an unreasonable ultravirus judicial review as a court control
Where a legislation is passed that is unreasonable. illustrated in Strictland v Hayes BC where bylaw was passed prohibiting singing any obscene song or Ballard and us of obscene Lagrange.
Describe the enabling act as a parliamentary control and give an advantage and disadvantage
The enabling act sets out the method that parliament should use to pass delegated legislation. It means people cant do what they want BUT the courts dont always follow procedure
describe affirmative resolution as an act of parliamentary control and give an advantage and a disadvantage
Is where parliament vote and check the legislation.
- less than 10% use this method because its time consuming
+ Voting makes it democratic
Describe negative resolution as an act of parliamentary control and give the advantage and disadvantage
The stat is put into parliament for 40 days and if it hasnt been checked it will get passed
- 90% of DL is checked through this meaning over 2000 laws are passed without being checked
+Its quicker
describe scrutiny committees as an act of parliamentary control and give the advantage and disadvantage
Parliament has a number of committees that scruitinise legislation but they have no powers
- pointless if they have no powers
+we know they’re going to be scrutinized properly
What are the disadvantages of DL
Lack of controls
Too large volume
When are orders in council used
In emergencies under the emergency powers act 1920 and the civil contingencies act 2004. It stopped fuel block aids in oil depots in 2000
How can orders in council be used
They can be used to transfer responsibility between government and departments i.e. Department of constitutional affairs was moved to the ministry of justice
What are the uses of bylaws include examples
Traffic control
Parking
Harbour regulations
Smoking ban on the London Underground under the railways act 1993
How can stationary instruments be brought into force (controlled)
Negative, affirmative or super affirmative resolution
Explain how statutory instruments fill in details of acts
Acts often cover broader ideas so statutory instruments can be used to fill in details because the minister specifies in that department i.e. Road traffic regulations act 1984 has had details filled in
