Flashcards
Delegated Legislation
Cards in this deck (10)
- 1Delegated LegislationDelegated Legislation is when parliament are not the best people to make a law and so they pass it onto a third party,
this is done through:
The Enabling Act - 2Why We Use Delegated LegislationResources
Technical expertise
Local Knowledge
Faster
Easy changed
Cheaper - 3Types Of Delegated LegislationOrders in council
Statutory instruments
By - laws - 4Controls of Delegated LegislationWhen this power to make law is passed down it is important that these bodies are kept in check, so that this power is not misused. These checks are carried out by both Parliament and the Courts
- 5Controls Of Delegated LegislationBy Parliament:
Enabling Act
Delegated powers scrutiny committee
Judicial Scrutiny Committee
Affirmative Resolution
Negative resolution - 6Controls Of Delegated LegislationBy the Courts…
Procedural ultra vires
(Aylesbury Mushrooms, 1972)
Substantive ultra vires
(Cure and Deeley, 1962) ot
Ex parte Fire Brigades Union
Unreasonableness
Strickland v Hayes - 7Problems With The ControlsUltra vires relies on someone challenging the piece of law; if no one does then it can remain undiscovered
- 8Problems With The ControlsDelegated Powers Scrutiny committee has no power to amend bills, only report findings
- 9Problems With The ControlsWith affirmative resolution procedure can only accept or reject bill, cant amend it
- 10Criticisms of Delegated LegislationDemocracy
Volume
Publicity
Sub - Delegation
Accountability
Obscure Working
Information
- Description
- A level Law Flashcards on Delegated Legislation, created by sanjana dawar on 15/12/2016.
- Created by
- sanjana dawar
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