delignated legislation

Question 1

what is delegated legislation?

Answer 1

subordinate legislation made by another person or body with the authority of parliament

Question 2

reasons for delegated legislation (5)

Answer 2

1)saves time
2)deals with complex issues
3)quick to amend
4)allows a fast legislative response
5)allows for local needs and concerns to be met

Question 3

the parent/enabling act

Answer 3

authority of parliament for law to be made by another body than parliament is usually laid down in a parent act

Question 4

types of Delignated legislation (3)

Answer 4

1)Bylaws - deal with local issues
2)orders in council - used in emergency or parliament not sitting
3)statutory instruments - public issues made my ministers and their departments

Question 5

Bylaws
1)who makes it?
2) where does the power come from?
3)who will it affect?
4)an example

Answer 5

1)local governments, local authorities, public bodies
2)power comes from the government
3)local effect
4)public spaces protection order

Question 6

orders in council
1)who makes it?
2) where does the power come from?
3)who will it affect?
4)an example

Answer 6

1)Queen/King and privy council
2)Power from monarch
3)national effect
4)Terrorism (united nations measures) order 2001

Question 7

statutory instruments
1)who makes it?
2) where does the power come from?
3)who will it affect?
4)an example

Answer 7

1)Government ministers
2)power from government
3)national effect
4) traffic regulations (new mobile phone laws)

Question 8

legislative and regulatory reform act 2006

Answer 8

gave ministers powers to make legislative reform orders and to remove burdensome elements of legislation

Question 9

who has control over delegated legislation

Answer 9

parliament
courts

Question 10

how does the control come (4)

Answer 10

1)the parent/enabling act
2)negative resolution order
3)affirmation resolution order
4)super-affirmative resolution orders

Question 11

negative resolution order

Answer 11

changes must be laid before parliament for 40 days and unless parliament objects it will become law

Question 12

affirmation resolution order

Answer 12

parliament is required to vote for its approval on a given during the time its laid before parliament

Question 13

super-affirmative resolution orders

Answer 13

orders made under the act 2006 requires ministers to have a regard to a range of recommendations, resolutions and representation when making delegated legislation

Question 14

scrutiny committees

Answer 14

1)joint select committee - draw attention of both houses to instrument that impose law beyond power given
2)house of lords delegated powers scrutiny committee - keeps under constant review to which legislative powers are delegated

Question 15

courts / judicial controls

Answer 15

1)procedural ultra vires
2)Substantive ultra vires
3)Substantive ultra vires for unreasonableness
4)inconsistency’s with human rights act 1998

Question 16

procedural ultra vires

Answer 16

delegated legislation be invalid if the correct procedure was not followed
example- Agricultural training Board v Aylesbury Mushrooms (1972)

Question 17

Substantive ultra vires

Answer 17

when the body making the delegated legislation exceeded the powers given by parliament
example- R v Secretary of state for health, ex parte Pfizer Ltd (1999)

Question 18

Substantive ultra vires for unreasonableness

Answer 18

if so unreasonable that no reasonable person would have done it
examples - Associated picture houses v Wednesbury corporation (1948) or Strickland v Hayes BC (1896)

Question 19

inconsistency’s with human rights act 1998

Answer 19

enable individuals whose rights are effected by the functions of private bodies who have redress
example - R (Bono) v Harlow DC (2002)

Question 20

pros + cons of parliamentary controls

Answer 20

pros:
1)parliament still has ultimate control
2) varies scrutiny committees ensures statutory instruments are looked at
cons:
1)there is little time for proper scrutiny
2)scrutiny committees don’t have the power to alter only refer back to parliament on certain technical matters

Question 21

pros + cons of judicial controls

Answer 21

pros:
1)government usually accepts the court’s ruling
2)open to review by judges
cons:
1)courts have little controls
2)relies on individuals having money as not very funded