delegated legislation (p.1 s.a)

Question 1

what is delegated legislation?

Answer 1

a law made by a body other than parliament, but with authority given by parliament through an enabling act

Question 2

what is an enabling act?

Answer 2

delegates the authority to make law to another body, which has to stay within the terms and conditions of the enabling act

Question 3

what is a statutory instrument?

Answer 3

allows government ministers to create detailed rules and regulations
-most relevant government department will make these laws - e.g for covid the education department closed schools

Question 4

what law goes with statutory instruments

Answer 4

dangerous dogs act 1991
OR
coronavirus act 2020

Question 5

what is bye laws?

Answer 5

made by local authorities allowing them to create rules that apply to specific areas

Question 6

local government act 1972

Answer 6

governs bye laws

Question 7

what is orders in council?

Answer 7

made by the privy council, used in emergencies and when parliament are not sitting
privy council include: prime minister, minsters, leaders of the opposition, king

Question 8

emergency powers act 1920

Answer 8

governs orders in council

Question 9

what is devolution?

Answer 9

devolution is the process of transferring power from the central government to regional or local governments eg. scottish parliament (scotland act 2016), welsh parliament (wales act 2017)

scotland act has led to different transport system, different legal system, different education system

Question 10

what is parliamentary control?

Answer 10

there are several ways in which parliament controls delegated legislation
•affirmative resolution
•negative resolution

Question 11

what are judicial controls?

Answer 11

judges can decide if a law is ‘ultra vires’ after it has become law
there are 2 types of ultra vires:
-procedural ultra vires
-substantive ultra vires

Question 12

what are procedural ultra vires?

Answer 12

this is where the procedures laid down in the enabling act for making the statutory instrument have not been followed e.g aylesbury mushroom case – interested parties were not consulted before making the law

Question 13

what are substantive ulta vires?

Answer 13

means a government agency or body acts outside the powers it has been given by law
e.g rv wood 1985

Question 14

missuse of drugs act 1971

Answer 14

downgraded cannabis from a class b to a class a - an example of the use of orders in council

Question 15

affirmative resolution procedure

Answer 15

controlled by parliament- before a statutory instrument is passed, parliament may want to check what they are passing meets the requirements of the enabling act
- parliament (scrutiny committee) usually check statutory instruments if they are controversial - for more controversial ones they may request a vote before the statutory instrument becomes law
•if parliament rejects the new law it will be nullified (cancelled)

Question 16

negative resolution procedure

Answer 16

parliament does not need to approve the statutory instrument. instead parliament have 40 days to oppose the law. after 40 days the statutory instrument automatically officially becomes the law