Delegated Legislation 3/14 Flashcards
1
Q
What are the 3 types of delegated legislation?
A
Orders in council, by laws, statutory interpretations
2
Q
Describe Orders In Council
A
- Made by government - approved by Queen + Privy Council
- Allows to make laws without going through legislative process
- Transfer responsibility between Government Depts
- Can make laws when Parliament not sitting e.g. -> Emergency Power Act 1920
-> Civil Contingencies Act 2004 - Need enabling act
3
Q
Describe By-Laws
A
Most come under Local Government Act 1972
- 1 type made by local authority/council e.g. traffic control, parking, litter
- 2nd type made by public corporations e.g. concern the behaviour of the public on their premises
4
Q
Describe Statutory Interpretations
A
-Power is given in enabling act
-Made by government ministers and depts who have specialist knowledge on the topic
-Very short
3,000/year
5
Q
(Need for DL) Time + Speed
A
- Parliament not have time to debate every small detail of complex legislation
- Takes long time through Parliament so allows laws to be passed quickly in an emergency
6
Q
(Need for DL) Technicality of Subject
A
- Parliament lack the technical expertise/knowledge
- Can debate main principle but leave details for people with expert knowledge
- Result is better laws
7
Q
(Need for DL) Local Knowledge
A
- Parking/Litter/Traffic require local knowledge that MP’s don’t have
- Need people from that town who know the area so resulting laws best fit
8
Q
(Need for DL) Further Consultation
A
- Sometimes required under enabling act
- Consulting experts means law more likely to be accurate and workable
9
Q
(Need for DL) Flexibility
A
- Ammended/revoked easily unlike Acts of Parliament which are only altered when they have time in busy schedule
10
Q
(Need for DL) Future Needs
A
- Can be used to resolve the problems caused by previous Acts that Parliament didn’t foresee
