Delegated Legislation Flashcards
Delegated Legislation
Concerns every exercise of power to legislate conferred by/under an Act of Parliament
Delegated Legislation can be enacted by:
Ministers Local Authorities Public bodies Judges Government departments House of Commons
Examples of Delegated Legislation:
Defence of the Realm Act 1914
European Communities Act 1972
Clean Air Act 1993
Arguments against Delegated Legislation:
Can amount to a usurpation of parliamentary sovereignty.
Not necessarily under scrutiny by parliament.
Muddies the principles of Separation of Powers.
Arguments in favour of Delegated Legislation:
Saves time
Acts of Parliament not under scrutiny, DL is.
Brings in specialists.
Cases showing a misuse of Delegated Legislation:
Kruse v Johnson
Raymond v Honey
Kruse v Johnson
County council made by-law prohibiting public singing.
“If no justification can be found for DL, then courts might conclude that, ‘Parliament never intend to give authority for such rules, they are unreasonable and ultra vires”.
Raymond v Honey
Governor prevented prisoner from sending let- ters to solicitor, in (perceived) compliance with
Prison Act 1952.
No such powers were conferred by the Act.
Statutory Instrument
Any document, granting the power to make, approve or confirm orders, rules, regulations and subordinate legislation shall be known as a statutory instrument.
Statutory Instrument Act 1946
Who can scrutinize an Statutory Instrument?
(i) Joint Committee on SI
(ii) The HoC regulatory reform committee.
(iii) The HoL delegated powers and regulatory reform committee.
(Iv) The HoL merits of SI’s committee.
Procedures for a Statutory Instrument:
(i) The negative resolution procedure
(ii) The affirmative resolution procedure
Negative resolution procedure:
The instrument is laid before parliament and comes into immediate effect, if there is no prayer for annulment.
The SI may be laid down as a draft so that It only comes into effect if the prayer is unsuccessful.
Prayer for Annulment
A motion to delay the instrument.
(must be laid within 40 days)
Affirmative resolution procedure:
Instrument either comes into immediate effect (if parliament approves) or, be laid in draft form and only comes into effect following and parliamentary approval.
Orders in council
DL made by the Privy council.
