delegated legislation Flashcards

1
Q

what is delegated legislation mean

A

when parliament gives responsibility to others to make laws

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2
Q

what is primary and secondary legislation

A

primary-made in parliament that may give authority to a second body
secondary- dl made under the enabling act

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3
Q

what does the enabling act specify

A

who can make the law
the procedure they must follow to make the law
what the law can be about

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4
Q

what are the 3 types of dl

A

orders in council
statutory instruments
by laws

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5
Q

who can make order’s in council

A

privy council
king

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6
Q

what are orders in council used for

A

transfer responsibility between government departments
bring (parts) acts into force
make laws in emergency’s under civil contingencies act 2004
desolve parliament before and election

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7
Q

who are statutory instruments made by and what do they do

A

ministers in government departments
they implement the provisions made in acts of parliament in their area of responsibility

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8
Q

aprox how many si are made each year

A

3000

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9
Q

who are by laws made by

A

local authorities
public corporations

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10
Q

what are some types of parliamentary controls

A

enabling act
affirmative resolution
negative resolution
mps questions
secondary legislation scrutiny committee
repeal by parliament
joint committee on statutory instruments

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11
Q

give an example of a satutory instrument

A

dangerous dogs act 1991

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12
Q

give an example of a by law

A

the local government act 1972 (ss235-238)

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13
Q

give an example of a order in council

A

proroguing of parliament 2019

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14
Q

what is the secondary legislation scrutiny committee

A

they sit in the house of lords and look at statutory instruments that may be interesting or flawed
they can look at many si but can’t make any changes

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15
Q

what is negative resolution

A

si will become law if not denied in 40 days
not all si can get scrutiny so not very effective

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16
Q

what are repeals by parliament

A

parliament can repeal or amend dl
parliament has a lack of time to check all dl

17
Q

how do judges check the validity of delegated legislation

A

judicial review

18
Q

what does ultra vires mean

A

beyond the powers

19
Q

what happens if a dl is deemed ultra vires

A

it’s void

20
Q

what are the three ways dl can be deemed ultra vires

A

substantive - the substance is out of line
procedural - the correct procedure wasn’t followed
wednesday unreasonableness - the dl was unreasonable

21
Q

give an example of a dl that was ultra vires by substantive

A

r v home secretary ex parte fire brigades union 1995
less compensation given to firefighters and it was deemed ultra vires and void

22
Q

give an example of a dl that was ultra vires by procedural

A

aylesbury mushroom case 1972
new regulations to be passed on training agricultural workers
in enable act sos had to contact mushroom growers letter never can so sos did it without them but it was deemed ultra vires and sos had to redo

23
Q

give an example of a dl that was ultra vires by wednesday unreasonableness

A

r(rogers) v swindon NHS trust 2006
woman with cancer not giver drugs but others were this was deemed ultra vires and goid

24
Q

what are the benefits of dl

A

saves parliament time
uses technical expertise
dosent use consoltation
used in emergencies
uses local knowledge
makes change easier

25
Q

what are the disadvantages of dl

A

undemocratic
sub-delegation
volume
ineffective controls