Delegated Legislation Flashcards
What is Delegated Legislation?
Law made by some person or body other than parliament.
Where does the authority for making delegated legislation come from?
The Parent/Enabling Act.
Name 3 different types of delegated legislation:
Bylaws
Orders in Council
Statutory Instruments
What are Bylaws?
Created by local authorities or nationalised bodies (railways & airports).
What are Orders in Council?
Exercised by the Queen and Privy Council. They have the power to make laws in emergency situations or when parliament is not sitting.
What are Statutory Instruments?
They give power to a minister to make rules and regulations governing things in their area.
Why is Delegated Legislation needed?
Local Knowledge
Consultation
Detailed Law
Expert Knowledge
Give four reasons when an order in Council can be made:
To give legal effect to European Directives.
To bring acts or parts of acts into force.
To transfer responsibility between government departments.
To make law in emergency situations.
Give 3 examples of government control over Delegated Legislation:
The Enabling Act
Questions by MP’s
Scrutiny Committee
Name the 3 ways in which statutory instruments can be laid before parliament:
Affirmative,
Negative and
Super Affirmative Resolution
Define ‘Locus Standii’
They are directly affected by the Delegated Legislation.
Name the 3 different types of Judicial Review: UV
Procedural Ultra Vires
Substantial Ultra Vires
Unreasonable Ultra Vires
What does Procedural Ultra Vires mean?
The correct procedure has not been followed.
What does Substantial Ultra Vires mean?
Doing something that it never had the power to do / Interferes with basic human rights.
What does Unreasonable Ultra Vires mean?
It was so unreasonable that no public body would really do it.
