delegated legislation

Question 1

what is primary legislation?

Answer 1

where Parliament make their own laws themselves

Question 2

what is delegated legislation? how is this allowed?

Answer 2

where power is handed to another person or body outside of Parliament. through enabling act or parent act

Question 3

what is the Enabling Act?

Answer 3

the law passed by Parliament which gives the body or person outside of Parliament the authority to make laws

Question 4

list reasons why delegated legislation is needed

Answer 4

emergency
knowledge
flexibility
time
technical expertise

Question 5

what are the 3 types of delegated legislation and who are they made by?

Answer 5

Orders in Council- monarch and Privy Council

Statutory Instrument- government ministers

By-laws- local authorities and public corporations

Question 6

explain more about the Orders in Council

Answer 6

consists of the monarch and the Privy Council and it allows the government to make laws without it having to be debated or voted in Parliament

Question 7

what are the 3 common uses of Orders in Council?

Answer 7

emergencies- Fuel Crisis in September 2000

transferring powers between government departments

making EU directives into law e.g. consumer legislation

Question 8

what is an EU directive?

Answer 8

an instruction to change the law

Question 9

provide an example of when the Orders in Council amend law

Answer 9

Misuse of Drugs Act 1971 to downgrade cannabis to a class C drug. 5 years later it upgrades to a class B

Question 10

explain more about Statutory Instruments

Answer 10

Made by government ministers, for example the minster for transport dealing with road traffic regulations. can be used to amend or update existing legislation. approx 3000 are created each year

Question 11

what form do SI’s come in? Who does it apply to? provide an example for each form

Answer 11

Orders

Regulations- Coronavirus Regulations 2020-21

Rules- Prison Rules 1999

Codes- Police Codes of Practice under PACE 1984

Applies nationally

Question 12

Provide an example of an SI

Answer 12

government minister of business and trade increasing national minimum wage under the National Minimum Wage Act 1998

Question 13

Explain more about By-laws

Answer 13

made by local authorities and public corporations. its purpose is to cover matters within its own area, therefore it applies locally only.

Question 14

what does the Local Government (Miscellaneous Provisions) Act 1982 do?

Answer 14

Act gives councils permissions to create these by laws.

Question 15

who has to approve a by-law?

Answer 15

not Parliament but the relevant government minister

Question 16

examples of local authority bylaws

Answer 16

banning public drinking
banning cycling in public parks

Question 17

examples of public corporation bylaws

Answer 17

British Railway companies prohibiting smoking on railway carriages

British Airports enforcing rules that regulates public behaviour

Question 18

how many SI’s are made each year?

Answer 18

approximately 3000

Question 19

give an example of an emergency law implemented by Orders in Council

Answer 19

Fuel Crisis in September 2000

Question 20

what act allows local authorities to apply laws to a district?

Answer 20

Local Authorities and Local Government Act 1972

Question 21

advantages of delegated legislation

Answer 21

time-saving
flexible
expertise
emergencies

Question 22

disadvantages of delegated legislation

Answer 22

lack of effective control
limits usefulness of judicial review
overused
undemocratic

Question 23

one disadvantage of delegated legislation is that it can be seen as undemocratic because________

Answer 23

Public corporation members aren’t voted by the public such as railway company employees, meaning they aren’t accountable for any by-laws.

Question 24

whereas, delegated legislation can be democratic because

Answer 24

government ministers are elected by the public, meaning they can be accountable for the SI’s they implement.

Question 25

elaborate on the advantages of DL

Answer 25

time-saving- saves Parliamentary time by removing the burden of legislation on every single issue, as Parliament do not have the time to make all the needed laws. can concentrate on the national importance rather than local or technical matters expertise- DL ensures that laws are made by those with relevant technical expertise. this ensures that the laws are effective and they can draft laws that they have the knowledge in. For example, Health and Safety laws for different industries need to be relevant and accurate. Flexibility- delegated legislation can be easily revoked or amended without having to go back to Parliament. an is example is the annual updating of the amount of the minimum wage each year emergencies- DL can be implemented quickly in contrast to Parliament making the laws, meaning that OiC can deal quickly with emergencies. September Fuel Crisis 2000 is an example of the use of an Order in Council to deal quickly with the resources of the county when the situation requires a speedy response.

Question 26

elaborate the disadvantages of DL

Answer 26

overused- sheer volume of DL used makes it hard to keep up with- 3000 SI made yearly. contrasts the rule of law that it should be ascertainable. people may not be able to work out what the law is. limits usefulness of judicial review- lack of scrutiny means that poor law making may not be corrected. Parliament lose some control as they have now passed on the power. the public may not be aware of DL and how to challenge it. may assume it’s Parliament. undemocratic- critics argue that in reality DL is not made by elected MPs but by unelected civil servants, or unelected bodies such as the Privy Council. problematic as they are unaccountable. limits control- powers given to ministers by DL and enabling act is a separation of powers.