Paper 2: Section A - Deligated Legislation

Question 1

Types of delegated legislation: Orders in
Council, Statutory Instruments and By-laws
 Controls on delegated legislation by
Parliament and the courts, and their
effectiveness
 Reasons for the use of delegated legislation
 Advantages and disadvantages of delegated
legislation

Answer 1

 brief description of each type of delegated
legislation with a supporting example for each
 Legislative Reform Orders, Henry VIII powers,
Orders of Council
 parliamentary control to include approval of
Parent Act, Negative Resolution Procedure,
Affirmative Resolution Procedure and scrutiny
by committee
 judicial review to include procedural ultra vires,
substantive ultra vires and ‘Wednesbury
Unreasonableness’
 you do not need to cover procedures, locus
standii or remedies for judicial review
 effectiveness and ineffectiveness of
parliamentary and judicial control