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#law tort law and law making > #Exam 2- Delegated Legislation > Flashcards

#Exam 2- Delegated Legislation Flashcards

1
Q

What is delegated legislation

A

Law made by some person or body other than parliament but with authority of an act of parliament

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2
Q

What are the three types of delegates legislation

A

Orders in council
Statutory instruments
By-laws

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3
Q

What is a parent act

A

This act gives the right to create one of the three types of delegates legislation

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4
Q

Who has the authority to make orders in council

A

The queen and the privy council

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5
Q

Who is in the pricy council

A

PM sans leading members of the government

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6
Q

Orders in council are made on wide range of matters such as

A 
Bringing acts of Parliament into force 
Transferring powers 
Giving legal effect to EU directives 
Dealing with foreign affairs 
Making law in times of national emergency
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7
Q

An example of an order in council is

A

The amendment to the misuse of drugs act ( 2008) when cannabis was reverted back to being a B class drug

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8
Q

What are statutory instruments

A

Rules and regulations made by government ministers under the authority of an enabling act.

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9
Q

An example of statutory instruments

A

Police and evidence act 1984- police codes of practice introduced regarding stop and search

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10
Q

What are by laws

A

Laws made by local authorities or public corporations

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11
Q

An example of a company by-law

A

£50 fine on the Tyne and Wear metro for smoking on the premises

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12
Q

what are the various controls parliament has over delegated legislation

A 
enabling act
delegated powers scrutiny committee
affirmative resolutions
negative resolutions 
questioning of ministers
super affirmative resolutions 
joint- select committee on statutory instruments
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13
Q

how does the enabling act offer control over delegated legislation

A

sets limits of power to make delegated legislation e.g. what types of law can be changed and who to consult

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14
Q

how does the delegated powers scrutiny committee control over delegated legislation

A

reports findings on delegated legislation to parliament- can’t ammend

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15
Q

how does the affirmative resolutions offer control over delegated legislation

A

must be approved by both houses of parliament before coming into force

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16
Q

how does the negative resolutions offer control over delegated legislation

A

becomes law after 40 days unless there are objections

17
Q

how does the questioning of ministers offer control over delegated legislation

A

MPs can criticise ministers in the house of commons on any delegated legislation

18
Q

how does the super affirmative resolutions offer control over delegated legislation

A

only used for delegated legislation under the legislative and regulatory reform act 2006

19
Q

how does the joint- select committee on statutory instruments control over delegated legislation

A

can throughly review delegated legislation but can only report back to parliament

20
Q

when can a delegated legislation be brought under judicial review

A

it can be brought to court by someone interested in the case on the ground it is an ultra vires

21
Q

what are the three ultra vires

A

1) gone beyond the power set out in the enabling act
2) an incorrect procedure has been used
3) unreasonable

22
Q

which case is when a piece of delegated legislation had gone beyond its powers

A

R v Home Secretary

23
Q

what happened in R v Home Secretary

A

when changes to the criminal justice compensation scheme had gone beyond those in CJA

24
Q

what case showed the wrong procedure

A

aylesbury mushroom case

25
Q

what happened in the Aylesbury mushroom case

A

the minister of labour did not consult the mushroom growers association before changing the law

26
Q

what case shows a delegated legislation to be unreasonable

A

R v Swindon NHS trust

27
Q

what happened in R V Swindon

A

NHS trust refused to prescribe breast cancer drug even though it had been used on other people- their decision was seen as unreasonable

28
Q

are parliamentary controls effective

A

sheer amount means they rarely face scrutiny
difficult to remove legislation
hard to understand
scrutiny committees can only recommend to parliament

29
Q

are judicial controls effective

A

can only be brought to court if it is someone affected by the decision
someone will typically challenge a public body or government which would have greater funding

30
Q

what are the advantages of delegated legislation

A 
saves parliamentary time
allows the use of expert of local knowledge
allows consultation
quick to make 
easy to amend
31
Q

what are the disadvantages of delegated legislation

A

undemocratic
risk of sub-delegation
large volume and lack of publicity
difficult wording

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