Delegated Legislation Law making

Question 1

Orders in council by who

Answer 1

The privy council who work with king

Question 2

Orders in council functions

Answer 2

Gets laws out quickly

Question 3

Statutory interpretation by who

Answer 3

Government ministers

Question 4

Statutory instruments functions

Answer 4

Make regulations covering areas government is responsible for

Question 5

By laws by who

Answer 5

Local authorities local councils

Question 6

By laws functions

Answer 6

To grant powers to local authorities and local communities

Question 7

Delegated legislation

Answer 7

Laws or rules not made by government

Question 8

Enabling act

Answer 8

Lays down nature and scope of delegated legislation may be repeated or amended.

Question 9

Parliamentary controls: approval enabling act

Answer 9

Sets out limits of what government ministers can do

Question 10

Parliamentary controls: approval enabling act effectiveness

Answer 10

Not that affective as general

Question 11

Parliamentary controls: scrutiny by committee

Answer 11

Reviews sis and ask parliament to change.

Question 12

Parliamentary controls: scrutiny by committee effective

Answer 12

Good controls but have little power

Question 13

Parliamentary controls: negative resouloutions

Answer 13

Allows MP’s to annul DL within 40 days.

Question 14

Parliamentary controls: Affirmative resolutions

Answer 14

Parliament required to vote approval of DL by specific date.

Question 15

Judicial review

Answer 15

Can be challenged and is heard in KBD in 2 judges

Question 16

Judicial review: substantive uv

Answer 16

Outside the power of rule making

Question 17

Judicial review: substantive uv effectiveness

Answer 17

3 month limit

Question 18

Judicial review: procedural uv

Answer 18

When correct procedure has not been followed

Question 19

Judicial review: procedural uv effectiveness

Answer 19

Court can’t strike down

Question 20

Judicial review: unreasonableness

Answer 20

Law goes beyond powers

Question 21

Disadvantages of delegated legislation

Answer 21

Undemocratic
Controversial decisions
Volume of law
No effective controls

Question 22

Why is delegated legislation partly democratic?

Answer 22

Made by unelected companies
Made by King and privy councils
SI made by unelected civil servants

Question 23

Unelected companies example

Answer 23

BAA under civil aviation act

Question 24

King and privy councils example

Answer 24

Civil contingencies act

Question 25

Why is delegated legislation's Volume of law a disadvantage?

Answer 25

Makes it difficult to identify particular laws on particular subjects. Wrongfully accused leading to injustice

Question 26

How many pages of DL created annually?

Answer 26

13,000

Question 27

Volume of law case

Answer 27

Chambers

Question 28

Why is there no effective control for DL's?

Answer 28

Not all SI are subject to resolutions Negative resolutions ignored Need knowledge, time and money to challenge law.

Question 29

Need knowledge, time and money case

Answer 29

Swindon

Question 30

Advantages of Delegated Legislation

Answer 30

Saves parliament time Flexible Local laws can be made Fast legislative in emergencies provides consultation

Question 31

Why does delegated legislation save time?

Answer 31

30 to 50 acts passed by parliament whereas 3,000 SI passed in a year.

Question 32

Flexible case

Answer 32

Minimum wage

Question 33

Local laws can be made why?

Answer 33

Local councils will be more away of local information than the parliament

Question 34

Fast legislative can be passed case

Answer 34

Covid 2020

Question 35

Provides consultation case

Answer 35

Police codes

Question 36

Examples of scrutiny committees

Answer 36

Joint committee of SI HOL delegated powers scrutiny committee