Delegated Legislation P2 Flashcards
1
Q
What is delegated legislation?
A
Laws made by an individual or body under the authority of Parliament.
2
Q
What is an Enabling Act?
A
It passes the power to make law to other bodies.
3
Q
What do enabling acts enable?
A
- King & privy council to make orders in council
- Ministers to issue statutory instruments
- Local Councils to issue by-laws
4
Q
Orders in Council
A
- Secondary legislation, made by king and privy council.
- Allows gov to make laws without it having to be debated/voted in parliament.
- Uses: emergencies//transferring powers//keep up with events
5
Q
Orders in council used?
A
- Misuse of drugs act 1971
- Changed class of cannabis from c to b.
6
Q
Privy council
A
- Body of advisers, most being senior members of either house.
7
Q
Statutory Instruments
A
- Made by gov ministers.
- Enforces provisions in existing legislation or amend.
8
Q
Use of statutory instruments
A
- Allows provisions to be brought into force at later date
- Allows detail that would be too complex to include in the broad framework of an enabling act.
- Update Law
- Respond to developments
9
Q
An example of statutory instrument
A
- Minister of transport in the road vehicles regulations 2003 banned use of mobile phones whilst driving.
10
Q
By-laws
A
- Local laws/regulations made by local authorities&public corporations.
- Apply to residents in area.
- Created under Local Government (Miscellaneous Provisions) Act 1982.
11
Q
Example of by-laws used
A
- Local authority: Banning drinking in certain public spaces.
- Public corporation: South West Trains Limited Railway Bylaws ,, under Railways Act 1993.
12
Q
Advantages of DL
A
- Saves time: parliament can’t deal w all detailed rules, dl allows more time to focus on national issues.
- Relevant expertise: dl allows ppl who understand industry to draft laws, overall more accurate and fit its purposes.
- Flexibility&Speed: dl introduced//amended easier which good for emergencies.
13
Q
Disadvntages of DL
A
- Undemocratic: dl often made by unelected, raises concerns as they don’t hold accountability if mistake occurs, can’t be voted out.
- Overused: large vol of dl passed makes it hard for ordinary people to keep up w laws, contrary to rule of law which aims to be ascertainable.
- Insufficient Scrutiny: vol of dl means less scrutiny, increasing possible errors and misuse,, limits usefulness of judicial review.
- Sub-delegation
14
Q
Control of DL by Parliament (4 listed)
A
- Enabling/ Parent Act
- Affirmative resolution
- Negative resolution
- Scrutiny Committees
15
Q
Approval of Parent Act
A
- Parliament has initial control over what powers delegated.
- Can also repeal powers at any point.
16
Q
Affirmative Resolution
A
- Minority of statutes subject to this, but if required it won’t become law unless parliament agrees (both houses rule in favour)
- Need for it will be included in the enabling act.
- Cant amend the SI, only approved,,annulled,,withdrawn.
17
Q
Negative Resolution
A
- Most SI subject to this, will become law unless rejected by parliament within 40 days.
- But many few will be looked at as there is so many.
18
Q
Scrutiny committees
A
- Joint committee on Statutory Instruments
- Reviews all SI, can draw attention of both houses toward them.
-Required if : imposes tax,,charge//unclear,,deflective//beyond powers given under enabling legislation// retrospective effect not provided by the enabling act. - Can only report, not alter or stop regulations becoming law.
19
Q
Ultra vires
A
Goes beyond the powers given by the parliament in the enabling act.
20
Q
Control of DL by courts
A
Ultra vires
- Substantive (void and of no effect)
- Procedural (incorrect procedure used)
- Unreasonableness
21
Q
Judicial Review
A
- Indirect control as it provides an independent check by judges on the validity of the DL.
