Delegated legislation- paper 2 Flashcards
what is DL
Parliament gives power to the people who are closer to the problem to deal with it . e.g. public or governing bodies
what allows someone to make DL
Parliament must pass an enabling Act (parent Act)
Why does parliament pass on responsibilty
Because they don’t have the resources to make laws about everything and some laws are too local or technical for them to deal with
3 types of DL
- orders in council
- by-laws
- statutory instruments
who makes orders in council
The king and the privy council
why do we have orders in council
- amend or update laws
- transfer responsibilities between government departments
- make law in times of emergency
when are orders in council used + example
in times of emergency
e.g. corronavirus act 2020
who makes by-laws
local authorities
e.g. county council or large public bodies
who do by-laws apply to
only apply to the areas that the council/ public body has control over
why do we have by-laws
because it’s quicker for public bodies and councils to make these laws and they know the local area better than parliament
issues dealt with by by-laws
- parking
- behaviour in public places
- dog activities
example of a by-law
the ban on smoking in the London underground
who makes statutory instruments
government departments and ministers
what can statutory instruments be made about
can only be made on that person’s area of responsibility e.g. health secretary can only make SIs on health matters
why do we have statutory instruments
because these departments and ministers have expert knowledge on the situation they’re dealing with
