Delegated Legislation Flashcards

1
Q

Orders in council by who

A

The privy council who work with king

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2
Q

Orders in council functions

A

Gets laws out quickly

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3
Q

Statutory interpretation by who

A

Government ministers

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4
Q

Statutory instruments functions

A

Make regulations covering areas government is responsible for

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5
Q

By laws by who

A

Local authorities local councils

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6
Q

By laws functions

A

To grant powers to local authorities and local communities

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7
Q

Delegated legislation

A

Laws or rules not made by government

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8
Q

Enabling act

A

Legislation which authorises government to create detailed rules

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9
Q

Parliamentary controls: approval enabling act

A

Sets out limits of what government ministers can do

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10
Q

Parliamentary controls: approval enabling act effectiveness

A

Not that affective as general

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11
Q

Parliamentary controls: scrutiny by committee

A

Reviews sis and ask parliament to change.

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12
Q

Parliamentary controls: scrutiny by committee effective

A

Good controls but have little power

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13
Q

Parliamentary controls: negative resouloutions

A

Si Becomes law unless rejected

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14
Q

Parliamentary controls: positive resouloutions

A

Si wont become law unless approved by parliament

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15
Q

Judicial review

A

Can be challenged and is heard in KBD in 2 judges

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16
Q

Judicial review: substantive uv

A

Outside the power of rule making

17
Q

Judicial review: substantive uv effectiveness

A

3 month limit

18
Q

Judicial review: procedural uv

A

When correct procedure has not been followed

19
Q

Judicial review: procedural uv effectiveness

A

Court can’t strike down

20
Q

Judicial review: unreasonableness

A

Law goes beyond powers

21
Q

Advantages of delegated legislation

A

Saves parliamentary time
Expertise to make detailed laws
Flexible

22
Q

Disadvantages of delegated legislation

A

Undemocratic
Controversial decisions
Lacks publicity