ELS💌- Law Making: (Delegated Legislation)

Question 1

What is delegated legislation?

Answer 1

Law made by some person or body other than parliament, but with the authority of parliament.

Question 2

What is a statutory instrument?

Answer 2

Rules and regulations made by government ministers

Question 3

Who made a order in council?

Answer 3

Made by Queen was privy council

Question 4

Who made the statutory instrument?

Answer 4

Made by government ministers

Question 5

Who made by-laws?

Answer 5

Made by local authorities or public corporations

Question 6

What are ultra virus?

Answer 6

It goes beyond the powers that parliament granted in the enabling Act. Where any delegated legislation is ultra vires, then it is not valid law.

Question 7

Types of delegated legislation:

Answer 7

Orders in council, statutory instruments, by-laws

Question 8

Reasons for delegated legislation:

Answer 8

Needed for: detailed law, expert knowledge, local knowledge, consultation

Question 9

Advantages of delegated legislation:

Answer 9

Saves parliamentary time, allows use of expert or local knowledge, allows consultation, quick to make, easy to amend

Question 10

Disadvantages of delegated legislation:

Answer 10

Undemocratic, risk of sub-delegation, large volume and lack of publicity, complex wording

Question 11

Enabling act advantages

Answer 11

Parliament sets limits, parliament can amend repeal act

Question 12

Enabling act disadvantages

Answer 12

The powers in the act may be very wide

Question 13

Delegated powers scrutiny committee advantages

Answer 13

Look at proposed powers before they are enacted, should ensure that only appropriate powers are given

Question 14

Delegated powers scrutiny committee disadvantages

Answer 14

Can only report- cannot amend bill

Question 15

Affirmative resolution advantages

Answer 15

Means parliament must agree with regulations

Question 16

Affirmative resolution disadvantages

Answer 16

Time consuming- cannot be used for a statutory instruments

Question 17

Negative resolution advantages

Answer 17

Gives MPs the opportunity to check statutory instruments before they come into force

Question 18

Negative resolution disadvantages

Answer 18

Unlikely that many statutory instruments will be looked at under this procedure

Question 19

Scrutiny committee advantages

Answer 19

Ensures: do not impose taxes or go beyond the powers, are not retrospective, do not make unsustainable or unexpected use of powers, are not unclear or defective.

Question 20

Scrutiny committee disadvantages

Answer 20

Only a technical check- cannot check substance of the statutory instruments , committee can only report to parliament- it cannot make changes

Question 21

Judicial review- doctrine of ultra vires advantages

Answer 21

Anyone affected by the delegated legislation can ask for a judicial review, court can declare delegated legislation void

Question 22

Judicial review- doctrine of ultra vires disadvantages

Answer 22

It is expensive to take court proceedings, can normally only do this if the correct procedure has not been followed OR if the delegated legislation goes beyond the power given by enabling act