delegated legislation - paper 2 Flashcards
what is delegated legislation also known as
Secondary legislation
what is delegated legislation
when parliament passes its law making powers to a secondary body who are unelected
what does the parent / enabling act do
gives secondary bodies the power to carry out tasks
who is the secondary body for order in council?
the privvy council
who passes an order in council
The monarch
who are orders in council drafted by
the government
who is the secondary body for statutory instruments
The joint commitee - check if law is clear and if the regulations set out in the enabling act is correct
what are statutory instruments responsible for
specific departments eg Transport
how Many statutory interpretations are made each year
over 3000
reasons for delegated legislation
over 3000 SIs made each year - parliament cant deal with this volume so its best left with those with expertise in specific departments
who is the secondary body for bylaws
local authorities
give an example of a bylaw
eg drinking ban in certain areas under criminal justice act 2001
what can a judicial review conclude
that a piece of delegated legislation is without legal effect - also known as Wednesbury unreasonableness
give an example of Wednesbury unreasonableness
Associated provincial picture houses v Wednesbury corporations
what are the controls on delegated legislation
parent act
Negative resolution procedure
Affirmative procedure
scrutiny by committee
what are the 3 rules the enabling act sets out
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
what does the Negative resolution procedure do
DL becomes law in 40 days UNLESS mp disagrees - used for uncontroversial changes
what does the Affirmative procedure involve
DL is laid before the parliament in draft form - approval is needed before becomes a law
what does the scrutiny committee do
role is to scrunitise (inspect) statutory instruments eg those that are badly worded
why do the controls need a judicial review
need a. review from a party who’s affected by DL to apply to the queens bench division in the high court
what are Ultra vires
when a act of corporation has gone beyond its powers
what are procedural Ultra vires
when the secondary body has exceeded its powers and failed to follow instructions laid out in parent act
what is a key case for procedural ultra vires
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
what are Substantive ultra vires
when secondary body has gone beyond the powers granted and made more regulations than allowed
