Law- delegated legislation

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  • Created by: Lzx
  • Created on: 27-11-20 16:42
what is delegated legislation?
law made by bodies or people other than parliament with the authority from parliament.
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what is the parent act?
the enabling act, specifies the areas in which laws can be made
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what does the parent act specify?
who cn make the laws, when the laws can be made and the procedures which have to be followed
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what are the 3 types of delegated legislation
orders in council, statutory instruments and bylaws
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why do we need delegated legislation
traditional law making is lengthy, and time consuming, it can also lack expert and local knowledge and delegated legislation allows for a period of consultation
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who makes orders in council?
the queen and the privy council
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who is the privy council made up of?
PMs, royal family members, current & former politicians and senior judges
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what are the 6 situations in which orders in council used?
national emergencies when parliament isn't sitting, to transfer responsibilities between government departments, in compliance with EU directives, to bring acts of parliament into force immediately, dealing with foreign affairs and to dissolve parliament
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who makes statutory instruments?
government ministers with certain areas of responsibility
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when are statutory instruments made?
to update law, update fines and for commencement orders
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who do by-laws affect?
specific areas
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who makes by-laws?
local authorities and public bodies/companies
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why are controls needed on delegated legislation?
to ensure the law is fair, because the bodies making the law havent been elected democratically and to ensure the bodies making the laws are not abusing their powers
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what are the two types of controls on delegated legislation?
parlimentary and judicial
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what are parliamentary controls?
controls put in place by parliament before it has been put into force
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what are judicial controls?
controls put in place by judges after the legislation has come into force
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what are the advantages of delegated legislation?
it saves time, can be democratic, includes technical expertise, local knowledge and consultation and is quick law making
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what are the disadvantages of delegated legislation?
it can be undemocratic, theres a risk of sub-delegation, theres a large volume and a lack of publicity, difficult wording can confuse judges and it contradicts the seperation of powers
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Card 2

Front

what is the parent act?

Back

the enabling act, specifies the areas in which laws can be made

Card 3

Front

what does the parent act specify?

Back

Preview of the front of card 3

Card 4

Front

what are the 3 types of delegated legislation

Back

Preview of the front of card 4

Card 5

Front

why do we need delegated legislation

Back

Preview of the front of card 5
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