Delegated Legislation

  • Created by: Emma
  • Created on: 20-12-12 11:54
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  • Delegated Legislation
    • Types of Delegated Legislation
      • Statutory Instruments
        • Ministers and Gvt. departments given authority. Enabling Act = Road Traffic Act = Give Minister at the Department of Transport the power to make rules about road signs.
      • Orders In Council
        • In times of emergency; Emergency Powers Act. Made up of Queen and Privy Council (senior group of ministers). Foot and Mouth Crisis in 2001, Fuel Crisis in 2000
      • By-Laws
        • Local authorities have power under the Local Government Act. County councils, district councils, parish councils. Network Rail can make by-laws such as the ban on smoking on the London Underground.
    • Control By Parliament
      • Affirmative Resoloution
        • Laid down before both houses and voted on.PACE Act to decide on police powers
      • Super-Affirmative Resolution
        • The Minister must have regard to any representations made by outside bodies or resoloutions of either House of Parliament
      • Joint  Committee on Statutory Instruments
        • Members of the Houses of Parliament (Scrutiny Committee) review all SI's and draw attention from Parliament to ones which need special considerations.
    • Control By Courts
      • Procedural Ultra Vires
        • Public authority has not followed procedures set out in Enabling Act. Aylsebury Mushroom Case did not consult relevant parties
      • Substantive Ultra Vires
        • Goes beyond the powers granted in the Enabling Act. Fire Brigades Union, the home seceretary made changes which exceeded the power given to him in the Criminal Justice Act.
      • Unreasonable
        • May be because the rules are unjust, or are so perverse no reasonable person would have made them. Strickland V Hayes Borough Council council's band on singing lews songs unreasonable because too wide. (covered singing privateley in a home)
    • Advantages
      • Saves Time, there are over 3000 SI's and they are very detailed.
      • Specialist/Technical knowledge involved. Parliament doesn't have local knowledge required
      • Controls by Parliament and the courts
      • It is democratic as made by elected persons
      • It is easy to amend and this keeps law up to date
      • Allows for consultation between relevant parties
    • Disadvantages
      • There can be too much del leg so it is hard to know what the current law is
      • Lack of Publicity as it is private. Although SI's are available on the Parliament website
      • Partly Undemocratic
      • Sub-delegation
      • Ineffective controls on parliament




Thank you! This helped me understand this topic so much more!! Great mind map :) 

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