Week 2 - Delegated Legislation

Question 1

What are the four reasons legislation may be delegated from Parliament to another body?

Answer 1

• time constraints on Parliament
• need for expertise
• legislation may be needed in an emergency
• changes to legislation may be so slight as not to warrant the passage of the Bill

Question 2

What are the three types of delegated legislation?

Answer 2

• Statutory instruments
• Orders in Council
• By-Laws

Question 3

Advantages of delegated legislation

Answer 3

• speed
• flexibility
• technical/local knowledge

Question 4

Disadvantages of delegated legislation

Answer 4

• certainty in the law
• laws passed by unelected officials/bureaucrats

Question 5

Any action taken in excess of the powers granted will be declared…

Answer 5

Ultra vires - above or beyond the power

Question 6

Who has been established to review Statutory Instruments?

Answer 6

Standing Committees

Question 7

Generally, delegated legislation is subject to what?

Answer 7

A Negative or Positive Resolution Procedure

Question 8

Negative Resolution Procedure

Answer 8

Vetoed by the House it is being presented to, who will vote as to whether they feel the powers have been exceeded

Question 9

Positive Resolution Procedure

Answer 9

Both Houses of Parliament have to vote and decide that a particularly powerful person is exceeding the powers

Question 10

What are courts empowered to do, and what are they not empowered to do?

Answer 10

• Empowered to review the power to create the legislation, or ensure the requirements, as established in the Enabling Act, are followed
• Not empowered to consider the merits of legislation