Paper 2: delegated legislation Flashcards
What is the definition of delegate?
To assign responsibility or authority to other people
What is the definition of legislation?
Laws, written rules, which are passed by Parliament and implemented by the courts
Wha is the definition of delegated legislation?
Law made by some person or body other than Parliament, but with the authority of Parliament
Types of delegated legislation?
- Orders in Council
- Statutory Instruments
- Bylaws
About the Orders in Council
- Queen and Privy Council have the authority to make Orders in Council
- Privy Council is made up of Prime Minister and other leading members of the Government
- Allows Government to make law without the Parliament
- Amend or update existing laws
About Statutory Instruments
- Rules and regulations made by Government Ministers, authorised to do so under their area of ministerial responsibilities
About bylaws
- Made by local authorities and public corporations to cover matters within their areas, they must be ‘confirmed’ by the relevant Government Minister and are enforceable in courts
- Public corporations can make rules affecting public behaviour in their area
What is an enabling act?
Acts will state which Government Minister can make regulations, what type of law can be made, who it affects and whether the Government department has to consult with people before making them
What are affirmative resolutions?
An SI will not be law until Parliament specifically approves it. The need for affirmative resolution is usually included in the enabling Act. Parliament cannot amend the SI, just withdraw, annul or approve it
What are negative resolutions?
The majority of SI’s are passed this way. The SI will be law unless it is rejected by Parliament within 40 days
Questioning Government Ministers
Individual ministers may be questioned by MPs n the House of Commons on the oak of their departments. This includes questions about proposed or current delegated legislation
Joint Select Committee
The review of the SI is only technical, in that it can only refer the SI back to the Houses of Parliament if the SI:
- Imposes a tax/charge
- It appears to have retrospective effect
- It appears to have gone beyond the powers that the enabling act gave
- It is unclear or defective in some way
Aylesbury Mushroom case
As it did not consult the Mushroom Growers’ Association, this was deemed as being ultra vires, and therefore the piece of DL was declared void
R v Home Secretary
The HL held that the Home Secretary had gone beyond his powers delegated to him and the changed were void
Rogers v Swindon NHS Trust
The decision of the NHS trust was deemed to be unreasonable and therefore ultra vires
