delegated legislation

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  • Created by: chacha_68
  • Created on: 30-03-15 11:45
what is delegated legislation sometimes known as?
secondary legislation
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what is an enabling act?
the framework of the law which includes conditions of how they can make it, it is what delegates the powers to others
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name the three types of delegated legislation?
bylaws, orders in council and statutory instruments
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who makes orders in councils?
queen and privy council
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who are the privy council?
body of 500 including senior politicians, archbishops, past judges, some celebrities, prime minister
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what is the enabling act called that makes orders in councils?
civil contingencies act 2004
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what is the purpose of orders in councils?
used to deal with emergencies and crisis situations when a law needs to be made or amended immediately, especially when parliament are not sitting
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example of an orders in council?
the al-qa'ida Taliban order 2003, misuse of drugs act 1971
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Governement ministers create what type of delegated legislation?
statutory instruments
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how many government departments are there?
15
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what is the purpose of statutory instruments?
to update the law
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how many are made a year?
3000
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what is a commencement order?
something that enables the law to come into force on a later date
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example of a statutory instrument?
using mobile phones whilst driving is banned by the road vehicles regulations 2003- by the minister of transport under then road traffic act 1988
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who creates bylaws?
local authorities/councils and public bodies/corporations
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who must confirm/approve of the bylaw before it becomes law?
government minister relating to that area of law e.g no smoking on trains to the minister of transport
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what is the purpose of bylaws?
to allow local authorities/councils/public bodies to create certain laws that affect their local area or specific business
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what must be displayed for the bylaw to be known?
banned activity sign
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examples of bylaws?
alcohol free zones, no parking, clean neighbourhoods&environment act 2005, no littering, boddington v british transport police 1998
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what are the two types of controls over delegated legislation?
parliamentary and judicial
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name the 7 ways of how parliament can control the delegated legislation?
enabling act, delegated powers scrutiny committee, affirmative resolution, negative resolution, mp questions, scrutiny committee, the legislative and regulatory reform act 2006
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are parliamentary controls effective?
generally effective because 7 different ways of control
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what is the latin phrase used in judical controls that says the delegated legislation has gone beyond the powers in the enabling act?
ultra vires
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what 3 things do the courts presume they dont have the power to do unless stated in the enabling act?
make unreasonable regulations (ban of swearing), levy taxes, sub-delegation (asking somebody else to do it)
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what are the two types of ultra vires?
substantial ultra vires, procedural ultra vires
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what is substantial ultra vires? what case goes with this?
whether the content of the delegated legislation is within the limits set out in enabling act and A-G v Fulham Corporation
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what is procedural ultra vires? what case goes with this?
where a public body does not follow the procedure set within the enabling act, aylesbury mushroom case
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are judical controls effective?
limited effectiveness because although good range it is very rare because it requires knowledge, money and time
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name 3 advantages of delegated legislation?
saves parliament time, made by people with local and technical expertise, easy to amend, lots of parliamentary controls, allows laws to be made in emergencies, it is democratic to an extent, can be challenged or revoked
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name 3 disadvantages of delegated legislation?
undemocratic, lack of effective control, lack of publicity, some DL contradicts the seperation of powers (queen and parliament), risk of sub-delegation, obscure wording, controls not always effective
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Card 2

Front

what is an enabling act?

Back

the framework of the law which includes conditions of how they can make it, it is what delegates the powers to others

Card 3

Front

name the three types of delegated legislation?

Back

Preview of the front of card 3

Card 4

Front

who makes orders in councils?

Back

Preview of the front of card 4

Card 5

Front

who are the privy council?

Back

Preview of the front of card 5
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