SECTION A: Delegated Legislation 8 Markers PAPER 2

Question 1

Explain different types of DL (8 marks) different types

Answer 1

P passes down law making power to other bodies - through enabling act such as police and criminal evidence act (PACE) 1984
orders in council
By-laws
Statutory instruments

Question 2

Explain different types of DL (8 marks) orders in council

Answer 2

Made by monarch and their privy council. Used to amend old laws and transfer power between government departments and respond to emergencies when P are not sitting.
Eg - misuse of drugs act 1971 amendment order 2008, reclassified cannabis from class C to B

Question 3

Explain different types of DL (8 marks) by-laws

Answer 3

Made by local councils or large public bodies such as London Underground. Only apply to the area under the control of the council/public body. Eg London Underground made a smoking ban in underground but thus only applies to the London Underground

Question 4

Explain different types of DL (8 marks) statutory instruments

Answer 4

Made by gov departments and ministers about their area of expertise. Eg police code of practice- under pace, minister of justice can create rules about stop and search. Roughly 3000 of these are made yearly and apply nationally

Question 5

Explain different controls on delegated legislation (8 marker)

Answer 5

Enabling act
Negative or affirmative resolution procedure
Joint select committee
Judicial review

Question 6

Explain different controls on delegated legislation (8 marker) enabling act

Answer 6

Let’s P decide who can make law and how they make it. P can repeal the enabling act tk take away the power

Question 7

Statutory instruments

Answer 7

Negative resolution or affirmative. Negative is more common, means SI will stay law if P don’t reject it within 40 days. Affirmative only usually apply to important bits of DL and need P to approve

Question 8

Joint select committee

Answer 8

Refer SI to P, go beyond enabling act, use powers in unusual way, but Committe can’t alter SI themselves.

Question 9

Judicial review

Answer 9

Someone with ‘standing’ wants king bench divisional court to say DL is ultra vires and therefore void. If Dl was not made via proper method such as not consisting mushrooms growers association ATB v Aylesbury mushrooms thus will be ultra vires.