DELEGATED LEGISLATION

Question 1

STATUTORY INSTRUMENTS

Answer 1

Made by Government via Enabling Acts. The relevant department can amend an area of law without it needing to go through parliament.
E.g. Dangerous Dogs Act 1991, enabling act in s2
Legislative Regulatory and Reform Act 2006 - can amend existing primary legislation to remove a ‘burden’.

Question 2

BYLAWS

Answer 2

Local Government Act - Local councils can respond to the needs of their area by creating bylaws. Can include parking offences, traffic restrictions, etc. Can also be made by large corporations like Transport For London

Question 3

ORDERS IN COUNCIL

Answer 3

Made by the Privy Council, which is made up of the Monarch, the Prime Minister and senior members of the government Allows creation of legislation in times of emergency under the Civil Contingencies Act 2004. E.g. foot and mouth outbreak in 2001

Question 4

DEVOLUTION

Answer 4

Power is transferred from central government to regional governments, e.g. Government of Wales Act.

Question 5

PARLIAMENTARY CONTROLS - AFFIRMATIVE RESOLUTION

Answer 5

Parliament must approve the law for it to go through. Approved by both Lords and Commons, stronger, takes more time.

Question 6

PARLIAMENTARY CONTROLS - NEGATIVE RESOLUTION

Answer 6

Will become law, unless it is denied by Parliament within 40 days. Provides ‘weaker’ control.

Question 7

PARLIAMENTARY CONTROLS - WHY?

Answer 7

Required as Parliament, being sovereign and democratically elected, has delegated powers

Question 8

JUDICIAL CONTROLS - PROCEDURAL ULTRA VIRES

Answer 8

The procedure laid down in the Enabling Act was not followed. E.g. Aylesbury Mushrooms case - the necessary bodies were not consulted

Question 9

JUDICIAL CONTROLS - SUBSTANTIVE ULTRA VIRES

Answer 9

The legislation went beyond what Parliament intended/permitted.
R v Secretary of State for Education ex parte NUT – the Minister for Education went beyond their powers and altered the pay for teachers.

Question 10

JUDICIAL CONTROLS - UNREASONABLE ULTRA VIRES

Answer 10

Wednesbury unreasonableness - the legislation was so unreasonable that no person acting reasonably could have made it.
Wednesbury Corporation 1948