Delegated Legislation Ch4 Y1 Flashcards
What are the three types of delegated legislation?
Statutory Instrument
Order in council
by-law
What is an enabling act?
An act passed by parliament giving the right to make delegated legislation
Who creates orders in council?
The Privy Council
Who creates statutory instruments?
Ministers
Who creates by-laws?
Local Authorities
what are the 4 ways that parliament can control delegated legislation?
affirmative resolution
negative resolution
questioning of government ministers
scrutiny committee
what is an affirmative resolution?
where a statutory instrument will not become law unless parliament approves it
what is a negative resolution
where a statutory instruments will become law unless parliament rejects it within 40 days
what is meant by the questioning of government ministers?
questioning ministers in parliament about the delegated legislation their department is producing
what is a scrutiny committee
this committee reviews all statutory instruments and can decide to bring issues to parliaments attention
Note - this committee has no power to change any statutory instrument
what is meant by the term ultra vires
when delegated legislation goes beyond the powers granted to it by parliament or the procedure to make it has not been followed
what case illustrates delegated legislation being deemed ultra vires and thus not valid law
Aylesbury mushroom case
what are the reasons for having delegated legislation?
need for detailed law
expert knowledge
local knowledge (by-laws)
consultation
what the advantages and disadvantages of delegated legislation
Advantages:
saves parliamentary time Access to experts allows for consultation can allow for faster law making easy to amend
Disadvantages:
undemocratic Sub-delegation Large volume and lack of easy discovery complex wording
