Topic 1 - Delegated Legislation

Question 1

Why may legislation be delegated from Parliament to another body?

Answer 1

Due to the time constraints on Parliament, the need for expertise, the legislation may be needed in an emergency or changes necessary to existing legislation may be so slight as to not warrant the passage of the Bill

Question 2

What are the three types of delegated legislation?

Answer 2

• Statutory instruments
• Orders in Council
• By-Laws

Question 3

What are the advantages of delegated legislation?

Answer 3

• Speed
• Flexibility
• Technical/local knowledge

Question 4

What are the disadvantages of delegated legislation?

Answer 4

• Certainty in the law
• Laws passed by unelected officials/bureaucrats

Question 5

‘Any action taken in excess of the powers granted will be ultra vires’ - What does this mean?

Answer 5

Actions or decisions made beyond the authority given by an enabling act are invalid