Delegateded Legislation

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What does parliament grant law making powers through?
through an enabling or parent act
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Who can the details of law be made by?
privvy council, government ministers, local authorities or civil servants
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Who may it require the approval of?
Parliament
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What is is subject too?
subject to parliamentary and judicial controls
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What are the three types of delegated legislation?
orders in council
regulations/statutory instruments
byelaws or by laws
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What is the range of matters orders in council can be made under?
transferring responsibility between government departments
setting a date for introducing Acts of Parliament
Giving legal effect to EU Directives
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Who are the orders in council made by?
The Queen
The Privvy Council
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What are the two types of orders in council?
statutory orders
prerogative orders
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What are statutory orders made under?
Made under any of the numerous powers contained in Acts of Parliament which give Her Majesty a power to make Orders
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What are prerogative orders made under?
made under the inherent power of the Crown to act on matters for which Parliament has not legislated
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What does the Privvy Council have permission to do?
Has the power to make law in emergency situations when Parliament is not sitting under the Civil Contingencies Act 2004
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What are regulations and statutory instruments?
made by Government ministers
Parliament will pass an Enabling Act which confers law making powers to Government ministers
The minister may then set out the detail of law and pass regulations
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What is an example of an enabling act?
S.2 National Minimum Wage Act 1998
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What is an example of a regulation?
National Minimum Wage (amendment) Regulations 2017
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Who are by laws made by?
local authorities
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What is an example of a by law that a local authority might make?
"Fouling of footpaths by dogs is a penalty of £5"
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Parliamentary controls
Step 1
What is an enabling act?
act that sets out the powers of the minister that tells them what they can and cant do
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Parliamentary controls
Step 2
What is a consultation?
consult bodies to see whether allowed to make legislation
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Parliamentary controls
Step 3
What are negative and affirmative resolution procedures?
negative = where the government minister write out the legislation and place before parliament and that will become law in 40 days automatically unless rejected
affirmative = where write out law place before parliament and it wont become law unless parli
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Parliamentary controls
Step 4
What happens after the negative and affirmative resolution procedures?
questioning the minister
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Parliamentary controls
Step 5
What is the joint select committee on statutory instruments?
scrutinize each piece of delegated legislation and amend it
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Parliamentary controls
step 6
What is the power to revoke the Enabling Act?
takes away powers that provoke law
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Parliamentary Controls
Step 7 and 8
What are the two things that happen after the power to revoke?
introduce conflicting legislation

legislative and regulatory reform
act 2006
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What are the key points about the legislative and regulatory reform act 2006?
this applies to regulations aimed at repealing a burden
there is a duty to consult interested organisations
three possible procedures
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What are the three possible procedures for legislative and regulatory reform act 2006?
1 - negative resolution procedure (30 days to object, becomes law after 40 days)
2 - affirmative resolution procedure (both houses of parliament must approve)
3 - super affirmative resolution procedures - The Minister is to have regard to any representati
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What is judicial review?
It is a particular type of court case in which the judge may review the decisions made by public officials
Actions for judicial review take place in the High Court
Applications must be made within 3 months from date that gave grounds of judicial review
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What must the applicant have and what is it?
must have locus standi

have to have a sufficient interest in the case
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Who set out the grounds for judicial review?
Council for Civil Service Unions v Minister for Civil Service set out the trilogy of grounds for a judicial review
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What are the grounds for judicial review?
Illegality/ultra vires, beyond powers
where the local authority have exceeded their powers irrationally or unreasonably
procedural impropriety
in addition the Human Rights Act 1998 added a further ground where a public authority acts in breach of the Eu
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What is a case example of ultra vires?
R v Home Secretary Ex parte Fire Brigades Union 1995 - the home secretary at the time failed to introduce the act to parliament where it was actually approved so he introduced his own system which was beyond his power - he was held to have acted ultra vir
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What is ultra vires/illegality?
Case example ...
where a public official has exceeded their powers or failed to adhere to the law

R v DPP ex parte Rowley 2003 EWCH 693
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What is irrationality/unreasonableness?
case example
Reasonable is not taken in it is general meaning
Wednesbury reasonableness applies as modified in CCSU v Minister for Civil Servants 198
"A decision which is so outrageous in its defiance of logic or accepted moral standards that no sensible person could
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What is procedural impropriety?
A failure to comply with procedural requirements
Agricultural Horticultural and Forestry training board v Aylesbury mushroom growers association 1972
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What are the remedies for judicial review?
Mandamus
Prohibition
Certiorari
Declaration
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What does mandamus mean?
an order to carry out an action
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What does prohibition mean?
an order to stop a particular action
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What does ceritorari?
an order setting aside a decision or delgated legislation
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What does declaration mean?
e.g a decleration that a proposed action would be lawful/unlawful
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What are the advantages of delegated legislation?
In terms of emergency situations laws can be passed quickly such as COVID
Local parliament have the knowledge of their local areas to make bylaws
Need it otherwise parliament wont be able to cope - dont have the expertise
It is flexible and can change law
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What are the disadvantages of delegated legislation?
Not all laws are passed by parliament, taken out of parliaments control and given to local authorities is less democratic, can cause unfairness, little publicity concerned so could be difficult for the public to know they exist, under seperation of powers
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Card 2

Front

Who can the details of law be made by?

Back

privvy council, government ministers, local authorities or civil servants

Card 3

Front

Who may it require the approval of?

Back

Preview of the front of card 3

Card 4

Front

What is is subject too?

Back

Preview of the front of card 4

Card 5

Front

What are the three types of delegated legislation?

Back

Preview of the front of card 5
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