Delegated Legislation - Paper 3 Flashcards
What is delegated legislation?
Secondary bodies make new laws on Parliament’s behalf after being delegated law-making powers from Parliament
What is the name of an Act of Parliament which gives a secondary body the power to carry out tasks?
Enabling Act
What are the three types of delegated legislation?
1) Orders in Council
2) Statutory Instruments
3) By-Laws
Who makes Orders in Council?
Drafted by government departments and approved by the King and Privy Council
Why are Orders in Council made?
Can be a quick response in emergency situations, and effectively allows the government to make legislation without it having to be debated or voted on in Parliament, e.g. the Civil Contingencies Act 2004
What are by-laws?
DL made by local councils and local authorities, and can also be made by large public corporations controlled by the government, e.g. Network Rail
What is the Enabling Act for local authorities to make by-laws?
Local Government Act 1972
Who makes statutory instruments?
Made by government departments, the power will be given to a minister who heads a particular department, e.g. the Home Secretary added dogs to the Dangerous Dogs Act 1991
Why do we need delegated legislation?
1) It saves parliamentary time
2) It allows those with technical expertise and knowledge to make a contribution
3) They are flexible
4) Can be useful in times of emergency
What are the disadvantages of delegated legislation?
1) They are undemocratic (except by-laws)
2) There is a large volume
3) Lack of media coverage
What are the main controls by Parliament?
1) Enabling Act
2) Affirmative and negative resolution procedures
3) Scrutiny Committees
What are the main controls by the courts?
1) Judicial Review
2) Ultra Vires Actions
What are the three types of ultra vires actions?
1) Procedural Ultra Vires
2) Substantive Ultra Vires
3) Unreasonable (Wednesbury Principle)
