delegated legislation Flashcards
(23 cards)
what is DL
secondary legislation and is law made by some other person other than parliament
reasons for DL
saves time
deals with complex issues
quick to amend
allows a fast legislative response
allows for local needs and concerns to be met
types of DL
bylaws
orders in council
statutory instruments
bylaws
made by local authorities
given power by the local government act 1982
have a local effect
most common is public spaces protection order
orders in council
made by the king and the privy council
dont require power to be made
have both a national and local effect
eg - civil contingency act 2004
statutory instruments
made by government ministers
given powers by enabling acts
have a national effect
eg - dangerous dogs order 2023
advantage of DL
allows for rapid change as dont have to implement new acts
judicial review may be sought by parties so parliament time is not wasted considering them all
enables minor changes to statutes
MPs lack detailed or technical knowledge
disadvantages of DL
implies parliament has insufficient time to scrutinise it
sheer volume causes complexity
undemocratic as most regulations are made by unelected officials
lack of publicity
what are the 2 controls of DL
parliament
court
what are the controls by parliament
parent act
negative resolution procedure
affirmative resolution procedure
scrutiny committees
parent act
the authority of parliament for law to be made by a body other than parliament itself
negative resolution order
the SI must be laid before parliament for 40 days
at the end of this time it will become law unless parliament objects
affirmative resolution order
parliament is required to vote it approval of the DL on a given date during the time its laid before parliament
scrutiny committees
joint select committee on SI - scrutinises DL itself - can draw the attention of both houses to an instrument that goes beyond its powers
HOL delegated powers scrutiny committee - scrutinises parent act - keeps under constant review the extent to which legislative powers are delegated
court controls
procedural ultra vires
substantive ultra vires
wednesbury unreasonableness
inconsistency with the human rights act 1998
procedural ultra vires
when established procedures arent followed strictly resulting in subsequent action of becoming void and of no legal effect
agricultural training board v Aylesbury mushrooms
substantive ultra vires
where DL goes beyond the scope of authority conferred on the delegate or is in conflict with the parent act
r v secretary of state for health
wednesbury unreasonableness
when a decision is so unreasonable that no reasonable authority would ever consider imposing it
associated picture house v wednesbury corporation
inconsistency with the human rights act 1998
when a instrument conflicts with the human rights act
R v harlow
advantages of parliamentary controls
affirmative resolution procedure gives parliament a stronger role as it requires it to look at the SI and vote
various scrutiny committees ensure its looked at in detail before its put in place
disadvantages of parliamentary controls
sheer volume of DL means parliaments time for proper scrutiny is limited
scrutiny committees have no power to alter the instruments
advantages of court controls
gives judiciary powers to interpret the law and actions of others passing secondary legislation preventing one body becoming too powerful
holds executive accountable and gov usually accepts court rulings
disadvantages of court controls
judicial review relies on an individual starting a claim
many enabling acts can give ministers very wide discretionary powers making it difficult to reach a finding of ultra vires
