Delegated Legislation Paper 2 SA Flashcards
What is delegated legislation?
Delegated legislation is a law made by someone other than Parliament.
What is a Parent Act?
The Parent Act, also known as the enabling Act, creates the framework of the law, allowing delegated legislation to make more detailed law in the area.
Why do we need delegated legislation?
Delegated legislation is needed for specific local laws, technical matters requiring specialist knowledge, and quick responses to emergencies.
What are Statutory Instruments?
Statutory Instruments are provided by government departments and made by government ministers, following an enabling act.
Can you give an example of a Statutory Instrument?
The Coronavirus Act 2020 made numerous SI’s related to lockdown activities.
The Minister for Work and Pensions had the power to make laws regarding ‘furlough’.
What are Orders-in-Council?
Orders-in-Council are laws made by the King and Privy Council, enforceable in courts, often used in emergencies.
Can you provide an example of an Order-in-Council?
The Terrorism (United Nations Measures) Order 2001 made it an offence to provide funds to anyone involved in terrorism.
It was made under the provisions of the United Nations Act 1946.
What are By-Laws?
By-Laws are laws created by local councils or private organisations, focusing on local concerns.
Can you give an example of a By-Law?
The Clean Neighbourhoods Act 2005 provides local authorities with powers to make by-laws addressing environmental quality and anti-social behaviour.
For instance, councils may specify that dogs are not allowed in certain areas.
What controls does Parliament have over delegated legislation?
Parliament can repeal or amend any law made by delegated legislation, and all by-laws must be approved by the relevant Government Minister.
What is the Positive Resolution Procedure?
The Positive Resolution Procedure requires that the Statutory Instrument must be approved by a vote in one or both Houses of Parliament within 28 to 40 days.
What is judicial review in the context of delegated legislation?
If delegated legislation is believed to be made unlawfully, individuals can apply to the High Court for judicial review.
What does ultra vires mean?
If a law is made unlawfully, it is declared ultra vires, meaning it is void.
What is the Negative Resolution Procedure?
The Negative Resolution Procedure allows a Statutory Instrument to be annulled by either House of Parliament during a 40-day period.
What are the advantages of delegated legislation?
Advantages include saving parliamentary time, allowing expert knowledge, addressing local issues, flexibility in emergencies, and ease of amendment.
What are the disadvantages of delegated legislation?
Disadvantages include being undemocratic, potential sub-delegation to civil servants, difficulty in tracking current laws, and complex wording.
