delegated legislation - paper 2

Question 1

what is delegated legislation also known as

Answer 1

Secondary legislation

Question 2

what is delegated legislation

Answer 2

when parliament passes its law making powers to a secondary body who are unelected

Question 3

what does the parent / enabling act do

Answer 3

gives secondary bodies the power to carry out tasks

Question 4

who is the secondary body for order in council?

Answer 4

the privvy council

Question 5

who passes an order in council

Answer 5

The monarch

Question 6

who are orders in council drafted by

Answer 6

the government

Question 7

who is the secondary body for statutory instruments

Answer 7

The joint commitee - check if law is clear and if the regulations set out in the enabling act is correct

Question 8

what are statutory instruments responsible for

Answer 8

specific departments eg Transport

Question 9

how Many statutory interpretations are made each year

Answer 9

over 3000

Question 10

reasons for delegated legislation

Answer 10

over 3000 SIs made each year - parliament cant deal with this volume so its best left with those with expertise in specific departments

Question 11

who is the secondary body for bylaws

Answer 11

local authorities

Question 12

give an example of a bylaw

Answer 12

eg drinking ban in certain areas under criminal justice act 2001

Question 13

what can a judicial review conclude

Answer 13

that a piece of delegated legislation is without legal effect - also known as Wednesbury unreasonableness

Question 14

give an example of Wednesbury unreasonableness

Answer 14

Associated provincial picture houses v Wednesbury corporations

Question 15

what are the controls on delegated legislation

Answer 15

parent act
Negative resolution procedure
Affirmative procedure
scrutiny by committee

Question 16

what are the 3 rules the enabling act sets out

Answer 16

sets out the limit for delegated power - should be clear

state which gov minister makes regulations

whether laws are made for certain areas or entire country

Question 17

what does the Negative resolution procedure do

Answer 17

DL becomes law in 40 days UNLESS mp disagrees - used for uncontroversial changes

Question 18

what does the Affirmative procedure involve

Answer 18

DL is laid before the parliament in draft form - approval is needed before becomes a law

Question 19

what does the scrutiny committee do

Answer 19

role is to scrunitise (inspect) statutory instruments eg those that are badly worded

Question 20

why do the controls need a judicial review

Answer 20

need a. review from a party who’s affected by DL to apply to the queens bench division in the high court

Question 21

what are Ultra vires

Answer 21

when a act of corporation has gone beyond its powers

Question 22

what are procedural Ultra vires

Answer 22

when the secondary body has exceeded its powers and failed to follow instructions laid out in parent act

Question 23

what is a key case for procedural ultra vires

Answer 23

R V Secretary of State - ruled that the statutory instrument setting out conditions for access to higher pay for teachers - beyond the powers given in Education act 1996

Question 24

what are Substantive ultra vires

Answer 24

when secondary body has gone beyond the powers granted and made more regulations than allowed

Question 25

what is a key case for substantive ultra vires

Answer 25

R v Home Secretary
- changed made to the criminal compensation scheme was beyond powers given in criminal justice act 1988- House of Lords ruled this was unlawful