Delegated Legislation

Question 1

What is delegated legislation?

Answer 1

Law made by a body other than parliament but with its permission

Question 2

What are the 3 different types of delegated legislation?

Answer 2

-Bylaws
-Orders in Council
-Statutory Instruments

Question 3

Who has authority to make orders in council?

Answer 3

The Monarch and the Privy Council

Question 4

Who are in the Privy Council?

Answer 4

current or senior members of the HOC or the HOL

Question 5

Where does the power to create orders in council come from?

Answer 5

The enabling act

Question 6

What do orders in council allow the govt to do?

Answer 6

Make legislation without going through the legislative process

Question 7

What are statutory instruments?

Answer 7

Rules and regulations made by govt ministers for areas under their responsibility.

Question 8

how many govt departments are there?

Answer 8

15

Question 9

give an example of a short statutory instrument

Answer 9

Annual change to the NMW

Question 10

Who are bylaws made by?

Answer 10

Local councils or public corporations

Question 11

give 3 examples of bylaws

Answer 11

-Traffic control
-Littering
-Dog fouling

Question 12

What is a negative resolution?

Answer 12

When a statutory instrument will become law unless an annulment by an MP is passed within 40 days

Question 13

Describe the effectiveness of a negative resolution

Answer 13

Not very effective, very few SIs are looked at

Question 14

What is an Affirmative resolution?

Answer 14

When an SI will not become law until approved by parliament

Question 15

Give 2 features of the Joint Commitee on Statutory Instruments

Answer 15

-composed of members from both HOC and HOL
-JSCI mostly focuses on the technical quality of legislation

Question 16

Give 2 features of the Secondary Legislation Scrutiny Committee

Answer 16

-A lords committee
-the SLSC focuses on the policy merits of secondary legislation

Question 17

Give 2 features of Delegated Powers and Regulatory Reform committee

Answer 17

-A lords committee
-the committee examines whether the delegations in each bill are appropriate

Question 18

What does ‘ultra vires’ mean

Answer 18

When it is outside of yours or somethings power

Question 19

Why is judicial review necessary?

Answer 19

delegated legislation is created by non-elected people so it needs to be controlled and monitored

Question 20

What does ‘Locus Standii’ mean

Answer 20

That they are directly affected by the delegated legislation

Question 21

What are the 3 types of judicial review that can take place in the high court?

Answer 21

-Procedural ultra vires
-Substantial ultra vires
-Unreasonable ultra vires