Delegated Legislation

Question 1

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Answer 1

Law made by somebody other than Parliament but with the authority of an Act of Parliament

Question 2

How is the power passed?

Answer 2

By means of an enabling Act

Question 3

Enabling Act

Answer 3

Framework created by Parliament

Question 4

Purpose of an enabling Act

Answer 4

Make more detailed law in the area, outlines key aims of the intended legislation, who should create it, who should be consulted as part of the research process, deadlines, limits of power, etc

Question 5

Orders in Council

Answer 5

• Made by the Crown and Privvy Council
• Used by gov on behalf of monarch
• Transfer power between gov departments
• Disolve P to prep for general election
• Amend or update laws
• Used in times of emergency

Question 6

Statutory instruments

Answer 6

• Gov Ministers given authority for their department
• Often used to update a law, e.g. change amount of a fine for a criminal offence

Question 7

By-Laws

Answer 7

P also allows local authorities and public corporations or companies, such as the BBC.

The Local Gov Act 1972 allows councils to make by laws for the ‘good rule and governance’ of their particular area of control

Question 8

Parliamentary controls

Answer 8

• Sovereignty: Through the doctrine, P has ultimate control as it can amend or repeal any powers granted
• Enabling act: P spec states who has auth to make law, type of law they can make and limits, and procedures which must be followed
• -ve resolution procedure: Spec date unless P says otherwise
• +ve: Come into force when P approves then
• P committees: Joint scrutiny focuses of form and procedure rather than content and can refer this to P
• Ministers questions: MPs q on specific issues

Question 9

Court controls

Answer 9

Judicial review (2 categories):

Procedural ultra viers - Where public body of official has not
followed procedures set out.

Substantive - Occurs where DL goes beyond powers granted, unreasonable or incompatible