Delegated Legislation (Tort Law) Flashcards
What is delegated legislation?
It is law made by some person or body, other than Parliament, but with the authority of Parliament.
What are the 3 types of delegated legislation?
- Order in council.
- Statutory instrument.
- By-laws.
What is order in council?
Made by the Queen and the Privy Council. Gives PM chance to make law without going through Parliament. E.g. making law in times of national emergency.
What is statutory instrument?
Rules and regulations that can be issued by ministers in their department.
What is by-laws?
Laws made by local authorities that only apply to that specific area.
What does Order in council cover?
- Transferring responsibility between departments.
- Bringing Acts of Parliament into force.
- Make laws in national emergency.
What are issues that by-laws cover?
Can cover matters such as parking restrictions, drinking in public and so on.
Give examples of how delegated legislation is controlled?
Parliament can:
- Do checks on enabling act.
- Affirmative resolutions.
- Negative resolutions. Etc…
What is affirmative resolutions?
This means that a statutory instrument must be either approved, annulled or withdrawn. It cannot be amended however.
What is negative resolution?
This means that the statutory instrument will become law unless rejected by Parliament within 40 days.
How can delegated legislation be controlled by the courts?
Ultra vires.
What is ultra vires?
when the courts deem that DL has: (1)Gone beyond the power given to it in the enabling act. (2)The incorrect procedure was used and (3), a decision has been made unreasonably.
What are some reasons for delegated legislation?
- Detailed law.
- Expert knowledge.
- Local knowledge.
- Consultation.
What are advantages of delegated legislation?
- Saves parliamentary time.
- Allows quick law making.
- Easy to amend.
- Access to technical expertise.
What are disadvantages of delegated legislation?
- Undemocratic.
- Difficult wording.
- Large volume and lack of publicity.
