Delegated Legislation - Evaluation Flashcards
(16 cards)
1
Q
Evaluate
Money and Time
- Delegated Legislation saves time and money for Parliament
- How long does making laws traditionally take? Why? What is there not enough time to debate?
- Why does it save time? what can they concentrate on? And why?
Apart of DL - Advantage of DL
A
- Long times ranging from months to several years, as multiple debates and scrutiny, there is no time to debate every detail, due to the heavy workload the courts have.
- Valuable time saved, as the full process is bypasses, so Parliament can concentrate on a bigger issue, as no foucs on a small local matter.
2
Q
Evaluate
Expertise
- Allows use of Expertise that Parliament doesn’t have.
- What might MP’s not have knowledge on? Why? What does it allow? Why?
- How can this save time? Why can a MP be in a better position to debate it?
Apart of DL - Advantages of DL
A
- On all issues, like niche or complex issues in a local area, MP’s specialise in one or a few issues, people with knowledge of the are can make the law, as they live or know a lot about the issue.
- Less time is wasted debating issues that are unknown or not known clearly, MP’s get expert knowledge to help a debate
3
Q
Evaluate
Consultation
- Delegated Legislation allows for more consultation for law.
- What can a minister do? What does this minimise? Why?
- When is consultation beneficial? Why? What does this ensure the act is?
Apart of DL - Advantages of DL
A
- Consult or debate as regulations drawn up, to minimise errors, as legislation is checked and scrutinised
- On complex issues, as more consultation and debate are needed. Act is fit for purpose and will work with the more consultation it has.
4
Q
Evaluate
Control
- There is a range of controls in place for delegated legislation.
- What do multiple checks ensure? What are some of parliament’s controls? What are some courts controls?
- How does this uphold Parliamentary Supremacy?
Apart of DL - Advantages of DL
A
- No abuse of power through the delegated legislation, scrutiny committee, affirmative resolution, substantive ultra vires, unreasonableness
- As given control over the delegated legislation allowing them to be the ultimate law making body as they still have control of the delegated legislation.
5
Q
Evaluate
Un-democratic
- What are the bodies that can make the delegated legislation? Why is this the case? What does this end up making Parliament?
- Who makes by-laws? Why is this a problem?
Apart of DL - Disadvanatages of DL
A
- Unelected bodies, as they haven’t been voted in, Parliament isn’t the supreme law-making body as they aren’t the sole body making the law.
- Local Councils, not elected by public, often times corrupt and don’t hold the best views or actions for the public.
6
Q
Evaluate
Sub-Delegation
- There are issues of sub-delegations when it comes to delegated legislation.
- What can delegated legislation be sub-delegated to? Are they elected?
- With minister made DL, how is their sub-delegation done?
Apart of DL - Disadvantages of DL
A
- Can be delegated to further down bodies or people, who aren’t still elected or even given power, as the body may hand over most of the law-making to those bodies out of laziness or other reasons, going against their powers in the enabling act.
- Many civil servants will write the law, and then the minister will rubber-stamp it, this is further proof of the law being made by people that aren’t even the body that has power.
7
Q
Evaluate
Complicated
- The vast amounts of delegated legislation that get made, is complicated for lay people to understand.
- How much made in a year? Do they differ? What is it difficult for lay people to know? Why?
- Are they published easily? Leads to? How are these laws made? Any public consultation?
Apart of DL - Disadvantages of DL
A
- Huge amounts made a year, each are differrent for different areas or parts of law, hard to understand what is the current law, as there is so much in place.
- Not easily published, so the public gets no easy access to the law, and they are made in private so there is no public consultation.
8
Q
Evaluate
Complex Language
- Language used in DL is too complex.
- How is this similar to parliamentary language? How many delegated legislation use this style? This makes the DL?
- Can lay people understand? What doesn’t this uphold? Problems of this.
Apart of DL - Disadvantages of DL
A
- The use of old-fashioned and unnceccessary complicated words in the act, present in a lot of delegated legislation, which makes the legislation hard to read and understand.
- Lay people don’t understand law, doesn’t uphol rule of law, as such they won’t know the current law, and might break it as a result and get fined which is unfair for them.
9
Q
Evaluate
Enabling Act
- What does the Enabling Act do? What does it allow Parliament to do? What does this uphold?
- How can the powers be described in the enabling act? What does this make it easy to do? How does this stop Parliamentary Supremacy? What does it allow delegated bodies to do?
Apart of DL - Parl Advantages + Disadvantages
A
- Set limit on delegated power, controlling the power, P can repeal or ammend these to take power away to ensure that Parliament is always in control, and it upholds Parliamentary Supremacy as the law is in line with Parliaments wishes
- Too wide and unclear, so easy to go ultra vires due to less understanding, body makes the law and not parliament, so parliament isn’t supreme, it’s easy for bodies to abuse their power with unlawful laws.
10
Q
Evaluate
Scrutiny Committee
- Before act enacted what do they do? Leads to? What can only be delegated as a result? What does this help to avoid?
- Who do they refer the issues to?
Apart of DL - Parl Advantages + Disadvantages
A
- Look at proposal of act, so the body won’t take advantage of power, ensures only appropriate powers can be delegated, and that is is agreeable, helps to avoid a abuse of power due to the scrutiny
- Only report back to Parliament and not the delegated body, so delegated body is not infromed of any issues.
11
Q
Evaluate
Affirmative Resolution
- What does this make P’s role? What can they do? What does this provide for act?
- Is this used a lot? Why? What can this lead to? What can’t get identified?
Apart of DL - Parl Advantages + Disadvantages
A
- Much more bigger, as they vote and can disprove or not let the act pass, this gives extra scrutiny, as the act gets scrutinised in the vote.
- Not used a lot as time consuming, law sometimes outdated by the time MP’s come in to vote, ultra vires might not get identified in the ensuing vote
12
Q
Evaluate
Negative Resoltution
* Is it checked at some times? What does this prevent? Why?
* Is it checked all of the time? Why? What doesn’t this identify?
Apart of DL - Parl Advantages + Disadvantages
A
- Checked before coming into force, and can be declared invalid, preventing an abuse of power, as checked and if there is a problem a vote gets held.
- No, due to time constrainsts, so Ultra Vires might not be discovered as a result, so not an effective check.
13
Q
Evaluate
Control
- It is hard for the courts to control SI.
- How far does enabling act give power? Makes it difficult to? What does act continue to be?
- Is it easy to exceed? What are courts limited by?
Apart of DL - Court Evaluation
A
- Wide powers, so hard to find if someone is ultra vires, as the powers are vaguely given, which means the act is still in the force.
- Too easy, as Court can’t control the SI without there being a judicial review in place, where someone brings the issue to courts.
14
Q
Evaluate
In Force
- Whilst court is checking power, the law is already in force.
- When can court controls only occur? Leads to?
- How does this impact society?
Apart of DL - Court Evaluation
A
- After the law is in force, so people are still affected by the law, and it can only be stopped after coming into force with a judicial review.
- Impacts society as deal with consequences of the unfair legislation and are still affected and unfairly impacted until the courts are able to control it.
15
Q
Evaluate
Power
- Courts have the power to declare SI void.
- When can they do this? What does it lead to? What does it highlight?
- What does it provide to the body thinking about exceeding power?
Apart of DL - Court Evaluation
A
- If Ultra Vires, can stop law being applicable which is fair, and highlights the issue to Parliament and the Public who are made aware of the Ultra Vires.
- Deterrance, as the body knows that if they exceed power, their law will be void by the courts, so they are inclined to follow their power to avoid consequences.
16
Q
Evaluate
Check
- Court Controls provide checks on law making.
- What do courts check for? Means? What does it highlight?
- What does this ensure for Parliamentary Supremacy?
Apart of DL - Court Evaluations
A
- Delegated power for any abuses of power, in order for bodies to not act on it, highlights when a body goes too far and is ultra vires.
- Ensures no body acts against Parliament, and keeps Parliament as the supreme-law making body, upholding P supremacy.
