Delegated Legislation

Question 1

Delegated legislation

Answer 1

When parliament gives powers to another body by passing an enabling act

Question 2

3 forms

Answer 2

Bylaws
Stat instruments
Orders in council

Question 3

Bylaws+example

Answer 3

Made by local authority or nationalised bodies in relation to local matters.
Transport act-delegates powers to make railway bylaws

Question 4

Statutory instruments + example

Answer 4

Power given to a minister to make rules within his area of field
National min wage act 1998

Question 5

Orders in council

Answer 5

Power to make laws in emergency situations or when parliament is not sitting
Misuse of Drugs Act 1974

Question 6

Reason for delegated legislation 3

Answer 6

Flexible. Suited to area/time.
Quicker than legislative process.
Specialised (have relevant expertise)

Question 7

Disadvantages of delegated legislation (4)

Answer 7

Undemocratic (civil servants+privy council aren’t elected)
Not accountable, cannot be voted out
Overused, hard to understand (contrary to rule of law)
Lack of control, limits judicial review

Question 8

2 ways to control delegated legislation

Answer 8

Parliamentary controls

Judicial controls

Question 9

4 types of parliamentary controls

Answer 9

Enabling act
Affirmative+negative resolutions
Joint committee on Statutory instruments

Question 10

Enabling Act

Answer 10

Sets out the limits and procedures to be followed for the delegated legislation. Can be repealed at any time so no longer binding (upholds sovereignty of parliament)

Question 11

Pros and cons of enabling act (1,2)

Answer 11

Pros-can be repealed (sovereignty)
Cons-if powers set out are too broad, can be hard to bring judicial review. Gives too much power to executive (contrary to separation of powers)
Cannot be edited- just repealed

Question 12

Affirmative resolutions +pros cons

Answer 12

Both houses must approve within 40 days
+can debate and vote (upholds sovereignty and proper scrutiny)
-time consuming
-only applies if in enabling act (most don’t have it provided in)

Question 13

Negative resolutions pros n cons

Answer 13

S16- Legislative + Regulatory Reform Act 2006
No objection=becomes law (for uncontroversial provisions)
+quick
-most of the time there is no debate or vote, so poorly drafted law goes undetected

Question 14

Joint committee on statutory instruments pros n cons

Answer 14

Reviews all SI.
+scrutiny, detect ultra vires
-cannot consider merits, only report issues not change them themselves, ineffective

Question 15

Judicial controls

Answer 15

Ultra vires-goes beyond powers

Question 16

3 types of ultra vires and cases

Answer 16

Substantial- R v Sos for Social Security (removing benefits was substantively U.V as went beyond powers
Procedural-Aylesbury Mushrooms (didn’t consult as specified)
Unreasonable-Wednesbury Corp v Associated Picture House (banning 15 y.o from cinema was unreasonable)

Question 17

What happens if judicial review is allowed

Answer 17

Declared void (no longer legally effective)

Question 18

Pros cons of judicial review

Answer 18

+holds gov accountable. (Upholds with separation of powers as checks on executives use of power)
+Ordinary citizens can object to unfair treatment
+can quash unreasonable law. However limited as cannot fix, only remove altogether
-expensive to bring J.R + must be aware of it in first place (deters applicants, against rule of law)
-doesn’t allow amendments, only full abolishment

Question 19

When can judicial review be made?

Answer 19

Locus standing-when they are affected by legislation