Delegated Legislation Flashcards
(18 cards)
What is required for their to be delegated Legislation?
A Parent Act
What is an example of a Parent Act?
Dangerous Dogs Act 1991 / Misuse of Drugs Act 1971
What does the Parent Act do?
Sets out the procedure the DL must follow and the limits of its power
What are the three forms of Delegated Legislation?
Byelaws / Statutory Instruments / Orders in Council
Who makes Byelaws?
Organisations / local councils
Who makes Statutory Instruments?
Government Ministers
Who makes Orders in Council?
The Privy Council
What is an example of a Byelaw?
Durham City Council banning drinking in the city centre
What is an example of a Statutory Instrument?
Dangerous Dogs Act 1991
What is an example of an Order in Council?
Misuse of Drugs Act 1971
What are the 5 Parliamentary controls of Delegated Legislation?
1) Affirmative Resolution
2) Negative Resolution
3) Super-Affirmative Resolution
4) Scrutiny Committee
5) Approval of the Parent Act
What is the Approval of the Parent Act?
It states:
- Who has the delegated power
- Whether a consultation with others is required
- The types of laws that can be made
- Whether it is for the whole country or a specific area
What is Scrutiny by Committee and provide an example
Review all statutory instruments and if needed refer the SI back to Parliament.
Secondary Legislation Scrutiny Committee / Joint Committee on Statutory Instruments
What is Negative Resolution Procedure?
The DL is put before Parliament and if no member has put down a motion to annul it within 40 days, it remains law.
What is Affirmative Resolution Procedure?
The DL has to be laid before both houses and will only become law if a vote to approve it is taken within 28 or 40 days.
What is Super Affirmative Resolution?
Provides greater parliamentary scrutiny.
What are the 4 forms of Judicial Controls of Delegated Legislation?
1) Judicial Review
2) Procedural Ultra Vires
3) Substantive Ultra Vires
4) Wednesbury Unreasonableness
What is Judicial Review?
