Delegated law making
- Created by: georgiacalcottxx
- Created on: 23-03-23 13:44
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- Delegated law making
- orders in council
- privy council made up of prime minister and other leading members of the government
- make legislation without parliament
- wide range of matters
- transferring responsibility between government departments
- bringing acts into force
- making laws in time of national emergency
- can amend or update existing law (misuse of drugs act 1971)
- must be an enabling act allowing them to make order on particular topic.
- statutory intruments
- ministers and government departments given authority to make regulations for areas under their responsibility.
- 15 departments dealing with different areas.
- minister for work and pensions will make work-related regulations.
- can be very short covering one point or long with detailed regulations too complex to include in one act.
- police codes of practice in relation to stop and search, arrest and detention
- by laws
- made by local authorities covering matters within their own area.
- can also be made by public corporations and certain companies for matters within their own jurisdiction
- control of delegated legistlation
- parliamentary control
- checks on enabling act
- initial control over powers delegated
- can also repeal powers
- whether consultation must occur
- initial control over powers delegated
- affirmative resolutions
- will not become law unless specifically approved by parliament.
- cannot ammend statutory instruments can only approve, annul or withdraw.
- negative resolutions
- many instruments wont be looked at
- relevant statutory instrument will become law unless rejected by parliament within 40 days
- super-affirmative resolution procedure
- available delegated legislation made under authority of legislative and regulatory reform act 2006.
- used for statutory instruments considered to need high level of scrutiny
- questioning of government ministers
- individual ministers may be questioned on the work of their department.
- scrutiny committees
- reviews all instruments technically noy based on policy.
- no power to alter instrumets
- effectiveness
- not enough time to scrutinise everything
- not enough knowledge to effectively scrutinise
- not enough power to change anything
- checks on enabling act
- judicial control
- can be challenged in court by a person with sufficient standing or interest in the case by judicial review on the ground of ultra vires.
- substantive ultra vires - where power is exercised beyond that which was delegated (r v home secretary ex parte fire brigades union)
- procedural ultra vires - correct procedure has not been followed (Aylesbury mushroom case)
- ultra vires on the basis of unreasonable - if it is unreasonable often known as Wednesbury unreasonable after (associated picture houses v Wednesbury corporation
- Wednesbury test
- ultra vires conflicting with HRA 98 - also the case for legislation conflicting EU law until we left.
- effectiveness
- only challenegd by someone with a standing - someone affected by the legislation or the decision
- can be challenged in court by a person with sufficient standing or interest in the case by judicial review on the ground of ultra vires.
- parliamentary control
- orders in council
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