Delegated Legislation Flashcards
(13 cards)
Introduce
Delegated Legislation
Apart of DL
- A law made by one person or body, that parliament has delegated a law making power.
Explain
Why it is needed:
Lack of Parliamentary Time -
Technical Expertise can be used -
More extensive consultation -
PACE 1984
Apart of DL - Why DL Needed
- Parliament has not enough time to consider and debate every small detail, so power passed to other bodies
- Parliament may not have the expertise or knowledge for complex law, they will debate main principle and leave complex details to be filled with expert knowledge.
- Consultation needed for accurate regulations, PACE Codes of Practice, had to be consulted by local authorities.
Explain
Why it is needed:
Quicker -
Easier to Ammend -
Apart of DL - Why DL Needed
- Passing act takes a lot of time, not always available for an emergency where time is needed, so delegated body will be quick - Covid
- Easy to ammend or revoke, to keep law up to date, can ammend to respond quicker to new situations to fit societies need.
Introduce
How delegated legislation is passed.
Apart of DL - Types of DL
- Parliament passes an enabling act, that gives the right for one of the following to be created.
Describe
Statutory Authority
Protections of Freedoms Act 2012
Apart of DL - Types of DL - 5 bullet points
- National Effect
- Introduced through affirmative or negative resolution
- Authorises Gov Ministers or departments to make laws.
- Can be regulations, orders, codes of practice
- Major form of law-making, 3000 created a year
Protections of Freedoms Act 2012 - Historial convictions of homosexual sex 16+, are now spent
Describe
Orders in Council
Misuse of Drugs Act 1971, 2003, 2009
Apart of DL - Types of DL - 3 bullet points
- National or local effect
- Authorises King or Privy Council to make emergency law without parliament.
- Drafted by a government minister, approved by council, for use in emergencies or to shift responsibility between delegate assemblies or Gov Departments.
Misuse of Drugs Act 1971 - Used to downgrade cannabis to Class C in 2003, and Class B in 2009
Describe
By-Laws
Local Government Act 1972
Apart of DL - Types of DL - 3 bullet points
- Local or restricted to public corporation services
- Authorises a local authority or public corporations, to cover matters of local concern, like dog-fouling, or person using a service, like smoking on trains.
- Must be approved by relevant government departments to be enforceable
Local Governments Act 1972 - Local authorities given wide-power to make by-laws on areas like public highways.
Explain
Enabling Acts
Delegated Powers Scrutiny Committee
PACE 1984
Apart of DL - Parl Controls
Enabling Act
Boundaries are set in the act / defines nature and scope of the delegated power to prevent ultra vires / in case of ultra vires, P can declare it void or ammend it.
Police and Criminal Evidence Act 1984 - Gives power to MOJ on laws surronding police powers.
Delegated Powers Scrutiny Committee
Reviews extent to which legislative powers are delegated to other bodies / Scrutinise enabling act and the delegated power, report findings but can’t change it.
Explain
Joint Scrutiny Committee on Statutory Instruments
Laying Before Parliament
Apart of DL - Parl Controls
Joint Scrutiny Committee on Statutory Instruments
Consider statutory instruments made under enabling act, and power to draw attention from both houses to the unlawful statutory instrument / Can only report findings and not alter
Laying Before Parliament
Affirmative Resolution - SI Laid before Parliament / Vote for approval / law if voting approves of the instrument in time
Negative Resolution - Laid but no vote / MP and Lord can put a notion to annul within 40 days, if this isn’t annuled than becomes law.
Introduce
Court Controls
Apart of DL - Court Controls
- Ultra Vires is going beyond the power, before courts can control, there must be a judicial review firstly
Describe
Substantative Ultra Vires
R v Home Secretary , Ex Parte Fire Brigades Union, Crim Justice Act 1988
Apart of DL - Court Control
- A body has exceeded their powers when making the SI.
R v Home Secretary , Ex Parte Fire Brigades Union - HOL ruled Home Secretary exceeded powers given under the Criminal Justice Act 1988
Describe
Substantative Ultra Vires for Unreasonableness
Wednesbury
Apart of DL - Court Controls
- The deciscion made was unreasonableness
Wednesbury - COA stated that in certain circumstances, courts could override deciscions made by officials or politicians if unreasonable or irrational
Describe
Procedural Ultra Vires
Aylesbury Mushroom Case
Apart of DL - Court Controls
- Correct procedure not followed or powers used in a unauthorised way.
Aylesbury Mushroom Case - Ministers order invalid, as failed to follow set out procedure, by not consulting association, order valid for those consulted
