delegated legislation

Question 1

what is delegated legislation

Answer 1

• laws made by bodies other than than parliament t, but with their authority
• granted through enabling act

Question 2

3 types of delegated legislation

Answer 2

statutory instruments
bylaws
order in council

Question 3

statutory instruments e.g

Answer 3

police codes of practice under pace 1984

Question 3

statutory instruments

Answer 3

• made by gov ministers under authority from parliament
• used to update/ add details to existing legislation

Question 4

by laws

Answer 4

made by authorities/ public corporations for specific areas
e.g local parking restriction/ banning all in public places

Question 5

by laws e.g

Answer 5

e.g local parking restriction/ banning all in public places

Question 6

orders in council

Answer 6

• made by privy council , signed by monarch
• emergencies under emergency powers act 1920

Question 7

controls on delegated legislation

Answer 7

enabling act
affirmative resolution
negative resolution
scrutiny committee

Question 8

enabling act

Answer 8

sets limits on power

Question 9

affirmative resolution

Answer 9

some sls require approval by parliament

Question 10

negative resolution

Answer 10

sl becomes law unless rejected within 40 days

Question 11

scrutiny committee

Answer 11

reviews sls and reports concerns

Question 12

judicial controls

Answer 12

delegated legislation , challenged in courts by judicial review , on basis on ultra vires

Question 13

procedural ultra vires

Answer 13

if correct procedures weren’t followed

Question 14

substantive ultra vires

Answer 14

if powers are exceeded

Question 15

unreasonableness

Answer 15

if a decision is unfair or irrational

Question 16

advtanges of delegated legislation

Answer 16

saves parliament time
can be made by experts
allows for quick law making
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Question 17

disadvantage of delegated legislation

Answer 17

undemocratic - not made by elected mps
lack of scrutiny - many sls , become law without debate