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Law Making - DL

Delegated Legislation

QuestionAnswer
Why do we need Delegated Legislation? Parliament is busy, slow, centralised and doesn't have expertise or focused consultation
What are enabling acts? + example Acts that grant powers e.g., Hunting Act 2004
What are the three types of Delegated Legislation? Statutory Instruments, Bylaws, Orders in Council
What are statutory instruments? laws made by ministers/sec of state who have been delegated law making power by parliament under a parent/enabling act
How are Statutory Instruments made? Drafts laid before parliament by civil servants throughh resolution procedures
What is negative resolution procedure? Becomes law if it hasn't been objected to within 40 days. If objected to - vote
What is Affirmative resolution procedure? Becomes law once voted through parliament
What is Super-Affirmative resolution procedure? Becomes law once voted through parliament + civil servant listens to feedback
Give an example of a statutory instrument Justice Secretary has the right to amend legal aid criteria under LASPO 2012 + Hunting Act 2004 provisions
What are Orders in Council? Laws made by the king and privy council, but often drafted by government departments then approved
Give an example of an enabling act for orders in council Emergency Powers Act 1920 and Civil Contingencies Act 2004 grant powers to the monarch/privy council
What are Bylaws? Laws made by local authorities/public corporations under the Local Government Act 1972
What are the limitations of bylaws? Subject to judicial review (quashed if ultra vires), based of home office guidelines, limited to geographical area
Give an example of bylaws that have been introduced Coventry Parking regulations, Westminster Act 1999 * (enabling act?)
What are the delegated legislation safeguards? Enabling act (defines powers), Res procedure (serious=super), Scrutiny Committees, Judicial Review
What are two scrutiny committees? HL Delegated Powers and Regulatory Reform Committee, HL Secondary Legislation Scrutiny Committee
What does the House of Lords Delegated Powers and Regulatory Reform Committee do? Report if the provisions of any bill inappropriately delegate legislative power to a government minister
What does the House of Lords Secondary Legislation Scrutiny Committee do? Identifies statutory instruments that may be flawed (badly drafted/ultra vires) - toothless (no power to amend)
What is a Henry VIII clause? Provision to a bill enabling the government to repeal/amend it after it has become an act of parliament subject to no scrutiny
What are scrutiny committees role? look at evidence in a bill - identify if power given is appropriate, look for HVIII, consider what control (-ve...)
What is judicial review? A challenge to the use of the delegated legislation (by someone affected) in the Administrative Court/KBD
When is the use of delegated legislation unlawful? When it is ultra vires - unreasonable (wednesbury), allowing sub-delegation, levying taxes...
what is procedural ultra vires? When you don't follow the correct procedure (resolution procedure?)
R v Home Secretary, ex parte Fire Brigades Union Home Secretary exceeded their powers (ultra vires)
Strickland v Hayes BC Ultra Vires for being unreasonable - tried to pass bylaw banning singing obscene songs
Wednesbury Case Unreasonable = irrational - no reasonable person would have done it
R v Secretary of State for Home Dept ex parte Al Fayed Not giving British Citizenship for not having good character is reasonable
Shamrock Coaches Council don't give shamrock coaches the contract even though they had the lowest bid - reasonable
Aylesbury Mushroom Procedural Ultra Vires - didn't consult one industry
Advantages of Delegated Legislation Laws passed quickly (rectify issues faster), controlled (safeguards)
Disadvantages of Delgated Legislation Give away too much power (lack of scrutiny), Not democratic (monarch, privy council, ministers - may be lords?)
Created by: Oscar.G
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