Parliament And Delegated Legislation Flashcards
What is delegated legislation
Law made by some person or body other than parliament, but with the authority of parliament
What is contained in the parent act?
It created the framework of the law and then delegates power to others to make more detailed law in the area
What are statutory instruments?
Rules and regulations made by government ministers (Minister and government departments are given authority to make regulations for areas under their particular responsibility)
What are bye laws?
These can be made by local authorities to cover matters within their own area (for example a county council can pass laws affecting the whole country)
Describe examples bye laws…
Local parking regulations
Banning drinking in public places
Banning people from riding cycles in local parks
What are orders in council?
A type of legislation made by the monarch and receive advice from the queen and privy council
What is judicial review?
When judges are asked to review the delegated legislation and decide whether or not it is lawful
What does procedural ultra vires mean?
The delegated body has gone beyond the powers granted to it by parliament in the parent act
Describe a case that illustrates procedural ultra vires
Aylesbury mushrooms case: parent act required the minister of agriculture to consult relevant bodies before making orders to set up training boards
What does substantial ultra vires mean?
The courts can declare the delegated legislation to be substantially ultra vires if the body acts beyond the powers given to it in the enabling act
What are the two cases that describe where a piece of delegated legislation has been deemed unreasonable?
Associated picture house v Wednesbury corporation: the court decided that the local corporation had behaved unreasonably in banning children from the cinema on Sundays
Rogers v Swindon NHS Trust: a cancer patient was refused a drug by her local NHS Trust
How effective are judicial control on delegated legislation?
It’s an effective way of reviewing all 3 types of DL
Judges are independent and review whether the DL is ultra vires
How does the parent act control delegated legislation?
If there is no parent act, then the minister cannot make laws. The parent act lays down the scope and procedure for consultation with various interested groups
What is the role of the joint committee on statutory instruments?
The joint committee was set up as a check on Si
What is the affirmative resolution procedure?
Some enabling acts require an “affirmative resolution” from parliament before the Si becomes law
