Topic 2: Delegated Legislation Flashcards
What does ‘to delegate’ mean?
To entrust another person with a task or responsibility
Delegated legislation is…
A law that’s made by a person or body to whom Parliament has delegated a law making power
What is the parent/enabling act
A primary piece of legislation where it gives parliament the power to authorise another body/person to make a law
Why do we need Delegated legislation? (5)
Lack of parliamentary time The consultation can be more extensive Technical expertise can be used It's quicker to pass legislation It's easier to amend
Who do statutory instruments authorise to make laws?
Government ministers
Government departments
Who do orders in council authorise to make laws?
The queen
Privacy council
Who do by-laws authorise to make laws?
Local authorities
Public corporations
What is the effect of by-laws?
Local
What is the effect of orders in council?
National
Or local
What is the effect of statutory instruments?
National
Statutory instruments can come in the form of…
Regulations
Orders
Rules
Code of practice
What are the 3 methods which statutory instruments can be introduced by?
Negative resolutions
Affirmative resolutions
Super affirmative resolutions
What are the two types of by-laws?
Local by-laws
Public cooperation by-law
What are the two types of control of delegated legislation?
By Parliament
By the courts
Why do we need some control over delegated legislation?
Delegated legislations is being made by non-elected bodies which means it’s important for it to be controlled
What are the 4 controls by Parliament?
The enabling act
Scrutiny committees
Laying before Parliament
Questions in Parliament
Remember this for an A/A* grade
Publication of all statutory instruments is required under the Statutory Instruments Act 1946
What is affirmative resolution?
The statutory instrument is payed before Parliament and they’re all acquired to vote to show approval of the delicates legislation
What is negative resolution?
An MP puts down a motion to annul the delegated legislation, if no one rejects in 40 days. It will pass.
What is super-affirmative resolution?
Ministers have the power to make any statutory instruments with the aim of repealing an existing law to remove a burden
What does ultra vires mean?
A Latin phrase meaning ‘to go beyond the power’
What can they use to question the validity of the piece of delegated legislation?
Judicial review
Civil claim between two parities
Case stated appeal
What is a substantive ultra vire?
When a body have exceeded their powers when making delegated legislation
What is procedural ultra vires?
Where delegated legislation has been made following the incorrect process
What is judicial review?
It’s a type of court proceeding which a judge reviews the lawfulness of a decision or action made by a public body
