Delegated Legislation

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What is 'Delegated Legislation'?
The power to make law through the parent/enabling act.
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What is a 'Statutory Instrument'?
Laws made by Government Ministers within their area of responsibility.
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When are Statutory Instruments used?
To change the amount of a fine for a criminal offence or to set out/amend time limits.
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What is an advantage of using Statutory Instruments?
They allow for acts/statutes to be adapted to meet changing times e.g. Health and Saftey at work Act 1974 has been updated through the Management of Health and Saftey at Work Regulations 1992.
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What procedure must be followed to bring a Stautory Instrument into force?
Negative resolution procedure- The Statutory Instrument is laid before Parliament for 40 days and becomes law unless either House votes to annul it.
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What are Bylaws?
These are laws made by local authorities/public bodies.
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In what circumstnaces are Bylaws used?
To make laws for the Government and their local area.
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What are some examples of Bylaws?
Dogs Act 1996, Bylaws restricting smoking on trains and stations.
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What are 'Orders in Council'?
Laws made by the Queen and Privvy council.
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What is the 'Privvy Council'?
A body made up of senior current and former politicians, senior judges and members of the Royal Family.
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In what circumstances are 'Orders in Council' used?
To transfer responsibilities between Government departments, To bring acts of Parliament into force, To deal with foreign affairs, To deal with national emergencies.
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What are some examples of Bylaws?
Afghanistan Order 2001, Terrorism Order 2001.
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What are some Parliamentary controls?
The Parent Act, All Delegated Legislation are made under the authority of Government Ministers, Scrutiny Committee, Affirmative resolution procedure.
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What is the Scrutiny Committee?
They review all Statutory Instruments and has members from both Houses.
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What is the Affirmative resolution procedure?
The Statutory Instrument must be approved by a vote in one or both Houses of Parliament within a specified time limit.
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What are some Judicial Controls?
Procedural ultra vires, Substantive ultra vires, Unreasonableness.
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What is Procedural ultra vires?
The piece of delegated legislation has not been made using the procedures specified in the Parent Act.
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What is Substantive ultra vires?
The content of the delegated legislation is beyond the limits set out in the parent Act.
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What is Ultra Vires?
The delegated legislation is 'beyond the powers' set out in the parent Act.
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What is Unreasonableness?
When the delegated legislation is unreasonable so therefore void.
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What are some advantages of Delegated Legislation?
Saves Parliament time, can be easily revoked, Flexible, Democratic.
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What are some disadvantages of Delegated Legislation?
Risk of sub-delegation, undemocratic, Gives the minister/body too much power.
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Other cards in this set

Card 2

Front

What is a 'Statutory Instrument'?

Back

Laws made by Government Ministers within their area of responsibility.

Card 3

Front

When are Statutory Instruments used?

Back

Preview of the front of card 3

Card 4

Front

What is an advantage of using Statutory Instruments?

Back

Preview of the front of card 4

Card 5

Front

What procedure must be followed to bring a Stautory Instrument into force?

Back

Preview of the front of card 5
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