Law Making Flashcards
what is delgated legislation
a law made by someone other than government but with the authority of an act of parliament (sometimes reffered to as secoundary legislation)
3 types of delegated legislation
- orders in council
- by laws
- statutory instruments
why do parliament use delegated legislation
- local needs
- cost and time management
- specialist knowledge
what act gives authority for delegated legislation to make laws
The enabling Act
who makes orders in council
Privy court and queen
when is order in court used
- in emergencies
- bring statutes into force
- transfer responsibility between government departments
Example of law made by order in council
Misuse of drug act 1971
who makes by laws
local authorities or large bodies authorized to do so
exampe of a law created by by-law
the local government act 1972
who makes statutory instruments
gov. departments and ministers
who do statutory instruments apply to
apply nationally
what can statutory instruments do
- implement an act of parliamenr
- update an act of parliament
- provide detail for act of parliament
exapmle of statutorty instruents
mining regulations 2014
reason for use of delegated legislation
- time
- expertise
- detail
- local knowledge
- consultation
what are the parliamentry controls in terms of delegated legislation
- Parent Act,
- Negative Resolution Procedure,
- Affirmative Resolution Procedure
- scrutiny committee
- questioning gov. ministers
describe the enabling act in terms of delegated legislation
sets out the limits within which any delegated legislation must be made. Specifies which minister needs to make the legislation and who they must consult etc
describe negative resolutio in terms of delegated legislation
the revelent statutory instrument will be law unless rejected by parliament within 40 days
affirmitive resolution in terms of delegated legislation
stautory instruments can not become law unless approved by parliament