Paper 2- Delegated Legislation

Question 1

What are the 3 types of delegated legislation

Answer 1

Orders in council, by laws, statutory instruments

Question 2

What are orders in council and examples

Answer 2

Drafted by government departments and approved by the king and privy council (made up of prime ministers and other politicians) allows government to make legislation whiteout it having to be voted or debated on in parliament. Can be used under times of emergency and summer recess. An example of when an order was passed is the cannabis classification where it was classifies from b-c and due to false information an ordering council was used to get back to a B.

Question 3

What are bylaws and example

Answer 3

Can be made by local authority that are given power by parliament which affect local matters and control local areas. E.gSK council. Can also be made by public corporations controlled by government such as avanti rail. Created under local gov act 1982. They must be confirmed by Secretary of State. For example in boddington v b transport police he was fined to be smoking in non smoking carriage on a train and fined 10. He challenged vadility of by law as not made by parliament.

Question 4

What are statutory instruments and examples

Answer 4

Made by6 government departments and power given to a minister. These are also known as regulations. The power to make these is called the enabling act. Can be used to update,change existing acts of parliament- repeal. Allow future changes saving parliaments time. E.g DDA more breeds were added- 2024. Departments who make these are: DOE, DOH, DOT.

Question 5

What are the 5 needs for delegated legislation

Answer 5

Time, technical expertise, consultation, flexibility, future needs

Question 6

Explanation on time in terms of the need for delegated legislation

Answer 6

Saves parliaments time so they can work on more important things. There are many regulations which take up to 18 months if parliament deal so instead give power to government departments and local authority.

Question 7

Explanation of technical expertise in terms of the need for delegated legislation

Answer 7

Government may have expertise for knowledge that parliaments doesn’t have. The boy creating the legislation will have more specific knowledge of the area than p who are based in London. E.g D of education

Question 8

Explanation of consultation in terms of the need for delegated legislation

Answer 8

Local authorities can consult better with their community and hear their say whereas parliament may not take that into consideration. Enabling act may require ministers to consult with specific people. E.g Aylesbury mushroom case- minister to was told to consult mushroom growers association before made.

Question 9

Explanation of flexibility in terms of the need for delegated legislation

Answer 9

Statutory instruments can be flexible to any changes and can be passed quickly instead of going through parliamentary process also cheaper. Can be removed also

Question 10

Future needs (emergency) in terms of the need for delegated legislation

Answer 10

Can be passed quick so in cases of emergency they can be resolved quickly. E.g cannabis classification

Question 11

What are the controls of delegated legislation

Answer 11

Controls by parliament, controls by the courts

Question 12

What do controls by parliament include

Answer 12

The enabling act, affirmative and negative resolution procedures, scrutiny committees

Question 13

What does the enabling act include (controls of parliament)

Answer 13

Before power is delegated parliament can ensure that the power is used properly by making an enabling act. Must state who its delegated to and the procedure they must follow. P can repeal powers or limit or extend them orders in council can be made at times of emergency

Question 14

Negative resolution procedure

Answer 14

Presented to parliament after 40 days if no one has objected- it becomes parliament

Question 15

Affirmative resolution procedures

Answer 15

Controversial matters. SI Must be debited and voted in one of the houses.

Question 16

Scrutiny committees

Answer 16

Set up within parliament to check delegated legislation. Joint comimittee on stat instruments consist of HOC And HOL and they Check statutory instruments for errors but can’t make amendments themselves. Can impose a tax or charge. Beyond act. Unclear

Question 17

What are the controls by the courts

Answer 17

Judicial review, ultra vires(procedural, substantive,unreasonable)

Question 18

What is judicial review

Answer 18

Where a citizen believes that they have been affected by a regulation or law that was ultra vires they can apply to the kings bench division for a review. If granted the court would issue an injunction which pauses the delegated legislation whilst case is happening.

Question 19

What is ultra vires

Answer 19

When the delegate has beyond the powers of the enabling act the judge can rule ultra vires and consider it a bad law and declared void.

Question 20

Procedural ultra vires and example

Answer 20

Procedure set out in the enabling act so citizen may challenge this if not followed
Aylesbury mushroom- minister failed to follow procedure in consulting m growers association and his order was declared invalid

Question 21

Substantive ultra vires and example

Answer 21

Delegated leg declared void if it allows something enabling act didn’t intend.
Ann summers v job centre. Job centre refused to advertise jobs to work and court held the job centre did not have the power to do this and declared it void.

Question 22

Unreasonable ultra vires and example

Answer 22

Wednesbury principle- when a provision is drafted to wide to achieve its purpose
Strickland v hayes borough council- prohibited to sing obscene song- unreasonable as said in public and in private.

Question 23

Disadvantages of delegated legislation

Answer 23

Undermocratic- made by non elected parties
Lack of debate and publicity-unaware it exists
Conflict with parliamentary sovereignty- not parts of p making them
Complex- difficult to understand

Question 24

What are the advantages of delegated legislation

Answer 24

The same as the needs (time, flexibility etc.)