deligated legislation Flashcards
What is delegated legislation?
Legislation made by a person or body other than Parliament, but with the authority of Parliament.
True or False: Delegated legislation is also known as secondary legislation.
True
Fill in the blank: Delegated legislation is necessary because Parliament does not have the __________ or expertise to deal with all detailed matters.
time
Who typically makes delegated legislation in the UK?
Government ministers or other delegated authorities
What are the three main types of delegated legislation in the UK?
Statutory instruments, orders in council, and by-laws
What is the purpose of a statutory instrument?
To fill in the details of an Act of Parliament
True or False: Orders in council are used for emergency situations only.
False
What is the purpose of by-laws?
To regulate a particular area or activity within a specific locality
What is the role of Parliament in relation to delegated legislation?
To scrutinize and control it
Which committee in Parliament examines delegated legislation?
Joint Committee on Statutory Instruments
True or False: Parliament can amend delegated legislation.
False
What is the process for challenging delegated legislation?
By judicial review
What are the three grounds on which delegated legislation can be challenged?
Illegality, irrationality, and procedural impropriety
Fill in the blank: The principle of __________ requires that delegated legislation must be within the powers granted by Parliament.
ultra vires
What is the purpose of the ultra vires doctrine?
To ensure that delegated legislation does not exceed the authority granted by Parliament
True or False: Delegated legislation cannot be used to create new criminal offenses.
False
What is the effect of a successful challenge to delegated legislation?
It can render the legislation invalid
Fill in the blank: Delegated legislation is often criticized for lacking __________ scrutiny.
democratic
What is the term used to describe the process of Parliament approving delegated legislation?
Affirmative resolution procedure
True or False: Delegated legislation is always subject to annulment by Parliament.
False
What is the term used to describe the process of Parliament rejecting delegated legislation?
Negative resolution procedure
What is the purpose of the draft affirmative resolution procedure?
To allow Parliament to consider and approve delegated legislation before it comes into force
True or False: The negative resolution procedure is more commonly used than the affirmative resolution procedure.
True
What is the term used to describe the process of delegated legislation coming into force without Parliament’s approval?
Laying before Parliament
True or False: Delegated legislation is always subordinate to primary legislation.
True
