Deligated Legislation Flashcards
Why does parliament need to delegate powers to other departments? (Give 2 reasons)
+ Requires local knowledge
+ It’s much quicker
+ Could be an emergency
What is delegated Legislation?
A law made by a person or body to whom Parliament has delegated law-making power
What is an enabling act?
An act that parliament can bestow unto someone that gives them the power to make new laws
What is an example of an enabling act?
PACE 1984
What are the 3 types of DL?
Statutory instruments
Bylaws
Orders in Council
What are statutory instruments?
They are laws made by government departments that are usually about specialist areas of law and society
What are Bylaws?
Made by local authorities or nationalised bodies that usually affect one geographical area
What are Orders in Council?
Laws made by the Privy Council & Queen. Usually moving responsibilities between departments, but can also be used to make laws in extreme circumstances
What 2 things are used to control DL?
Consultation and Publication
What is consultation?
Where specialists and interest groups are informed about a new law before it’s passed
What is publication?
Where all Delegated Legislation is published and available to the public
What kind of ways to Parliament control DL? (Give 3)
+ Negative resolution
+ Affirmative resolution
+ Super-affirmative resolution
+ Scrutiny committee
What is negative resolution?
Where parliament has 40 days to overturn DL or it becomes official law
What is Affirmative Resolution?
Where DL won’t become law until it’s been approved by Parliament
What is super-affirmative resolution?
Where a minister has to look at any law - very high level of control
