deligated legislation Flashcards

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1
Q

What is delegated legislation?

A

Legislation made by a person or body other than Parliament, but with the authority of Parliament.

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2
Q

True or False: Delegated legislation is also known as secondary legislation.

A

True

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3
Q

Fill in the blank: Delegated legislation is necessary because Parliament does not have the __________ or expertise to deal with all detailed matters.

A

time

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4
Q

Who typically makes delegated legislation in the UK?

A

Government ministers or other delegated authorities

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5
Q

What are the three main types of delegated legislation in the UK?

A

Statutory instruments, orders in council, and by-laws

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6
Q

What is the purpose of a statutory instrument?

A

To fill in the details of an Act of Parliament

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7
Q

True or False: Orders in council are used for emergency situations only.

A

False

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8
Q

What is the purpose of by-laws?

A

To regulate a particular area or activity within a specific locality

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9
Q

What is the role of Parliament in relation to delegated legislation?

A

To scrutinize and control it

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10
Q

Which committee in Parliament examines delegated legislation?

A

Joint Committee on Statutory Instruments

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11
Q

True or False: Parliament can amend delegated legislation.

A

False

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12
Q

What is the process for challenging delegated legislation?

A

By judicial review

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13
Q

What are the three grounds on which delegated legislation can be challenged?

A

Illegality, irrationality, and procedural impropriety

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14
Q

Fill in the blank: The principle of __________ requires that delegated legislation must be within the powers granted by Parliament.

A

ultra vires

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15
Q

What is the purpose of the ultra vires doctrine?

A

To ensure that delegated legislation does not exceed the authority granted by Parliament

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16
Q

True or False: Delegated legislation cannot be used to create new criminal offenses.

A

False

17
Q

What is the effect of a successful challenge to delegated legislation?

A

It can render the legislation invalid

18
Q

Fill in the blank: Delegated legislation is often criticized for lacking __________ scrutiny.

A

democratic

19
Q

What is the term used to describe the process of Parliament approving delegated legislation?

A

Affirmative resolution procedure

20
Q

True or False: Delegated legislation is always subject to annulment by Parliament.

A

False

21
Q

What is the term used to describe the process of Parliament rejecting delegated legislation?

A

Negative resolution procedure

22
Q

What is the purpose of the draft affirmative resolution procedure?

A

To allow Parliament to consider and approve delegated legislation before it comes into force

23
Q

True or False: The negative resolution procedure is more commonly used than the affirmative resolution procedure.

A

True

24
Q

What is the term used to describe the process of delegated legislation coming into force without Parliament’s approval?

A

Laying before Parliament

25
Q

True or False: Delegated legislation is always subordinate to primary legislation.

A

True