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Flashcards

Delegated legislation

Hannah Gooderham Law A level English 10 cards

Cards in this deck (10)

  1. 1Delegated leg: What is it?Law made by some person or body other than parliament, but with the authority of parliament (without responsibility).
  2. 23 types:•Order in council
    •Statutory Instrument
    •By-Law
  3. 3Order in Council: Made by Queen and Privy Council (gov mins)These laws don’t go through parliament (emergencies)
    E.g. misuse of drugs act
  4. 4Statutory instruments: Gov minsMinisters and gov departments given authority to regulate an area, detailed and technical adjustments of enabling act.
  5. 5By Laws: Made by local authorities•Can bs removed
    •Must be confirmed by relevant minister
    •Must be enforceable in courts
    Solves local problems e.g. drinking in public places
  6. 6Why do we need it?Allows time for the parliament to deal with more important matters (short year).
    •need for detailed law
    •need for expert knowledge
    •need for local knowledge
  7. 7Control by parliament: Part 1•Enabling Act: +ive; P sets limits, P can amend or repeal -ive; powers in act very wide
    •powers Scrutiny committee: +ive; proposed powers before enacted, ensure only appropriate given -ive; only report not amend
    •Affirmative resolution: +ive; P must agree w/ regulations. -ive; Time consuming
    •Negative resolution: +ive; MPs check SIs before come into force -ive; unlikely
  8. 8Controls by Parliament: Part 2•Scrutiny committee: +ive; ensures=doesn’t impose taxes or go beyond the powers given, not retrospective, not unclear/defective -ive;only a technical check, only report
  9. 9Control by the courts:•judicial review: +ive; anyone affected can call for a review and could declare it void -ive; expensive, rules
  10. 10Advantages and disadvantages of del leg:+ive: saving parliamentary time, use of expert or local knowledge, use of consultation, relatively quick and easy.
    -ive: undemocratic, sub-del, large volume, lack of publicity, difficult to interpret.

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