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Flashcards

Unit 1 Delegated Legislation

Beth_L English 31 cards

Cards in this deck (31)

  1. 1DELEGATED LEGISLATIONLaws made by bodies other than Parliament but with the authority of Parliament through the enabling act
  2. 2WHY IS DELEGATED LEGISLATION NEEDED?1) Some areas benefit from local knowledge
    2) Time taken to pass an act & possible need to be able to pass a law quickly
    3) Possible lack of technical expertise
    4) Allows a greater flexibility to amend or revoke an Act of Parliament
    5) Lack of time in Parliament
  3. 3WHICH ACT GIVES THE RIGHT TO CREATE DELEGATED LEGISLATION?Enabling Act or a parent act passed by Parliament
  4. 4WHAT ARE THE THREE TYPES OF DELEGATED LEGISLATION?1) Bylaw
    2) Statutory Instrument
    3) Order in Council
  5. 5WHO MAKES BYLAWS?Local authorities and other public bodies to cover local matters
  6. 6WHAT DO BYLAWS DO?They regulate the behaviour of the public on property belonging to them
  7. 7WHAT ACT GIVES LOCAL AUTHORITIES THE POWER TO MAKE LAWS ON THEIR GEOGRAPHICAL AREA?Local Government Act (1972)
  8. 81 EXAMPLE OF LOCAL AUTHORITIESIn 2002, the Manchester council put a ban on drinking in its town centre
  9. 92 EXAMPLES OF PUBLIC BODIES1) The British Olympic Association banned Dwain Chambers from running after the found Performance Enhancing Drugs in his body
    2) The London Underground decided that from 1 June 2008, drinking alcohol on public transport is prohibited
  10. 10WHO MAKES STATUTORY INSTRUMENTS?Government Ministers with delegated powers under authority of primary legislation and within their area of responsibility
  11. 11WHAT DO STATUTORY INSTRUMENTS DO?They update and add details to an Act of Parliament through regulation/ orders/ rules eg. to change the annual amount of the national minimum wage (National Minimum Wage Act 1998)
    Also used to bring an Act/ part of an Act into force: Commencement Order
  12. 12AROUND HOW MANY STATUTORY INSTRUMENTS ARE MADE EACH YEAR? (AUTHOIRTY)3,000
  13. 133 EXAMPLES OF STATUTORY INSTRUMENTS1) Fine for using mobile phones whilst driving - regulations created by a transport minister under authority of the parent act, the Road Traffic Act 1988
    2) The police and criminal evidence act 1984 (PACE) - says that the secretary of state shall issue codes of practice in connection with eg. police powers of stop & search and the detention, treatment and questioning
    3) Dangerous Dogs Act 1991 - allows the home secretary to add more breeds of dangerous dogs to the Act if necessary
  14. 14WHAT ARE THE TWO MAIN TYPES OF STATUTORY INSTRUMENTS?1) Affirmative Instrument
    2) Negative Instrument
  15. 15AFFIRMATIVE INSTRUMENTParliament must expressly approve eg. PACE and changes to codes of practice (one or both houses)
  16. 16NEGATVIE INSTRUMENTBecause law with a debate or vote - LAID BOEFORE PARLIAMENT, usually 40 days, and becomes law unless either House votes to annul it
  17. 17WHO PASSES ORDERS IN COUNCIL?The Privy Council (group of senior politicians including the PM) and the Queen who are allowed to make laws without the whole Parliament sitting
  18. 18WHAT DO THEY HAVE THE POWER TO DO?The Privy Council has the power to pass laws in times of emergency with the permission of the Queen under the EMERGENCY POWERS ACT 1920 and the CIVIL CONTINGENCIES ACT 2004
  19. 19HOW MANY MEMBERS ARE THERE IN THE PRIVY COUNCIL?There are 420 but only 3 or 4 attend the meetings in which Orders in Council are made
  20. 201 EXAMPLE OF AN ENABLING ACTCONSTITUTIONAL REFORM ACT 2005 - allows the Privy Council to alter the number of judges in the Supreme Court
  21. 213 EXAMPLES OF ORDERS IN COUNCIL1) Dealing with foreign affairs - the Afghanistan (UN sanctions) Oder 2001 - offence to make funds available to Osama Bin Laden or the Taliban
    2) To give effect to EU directives - Consumer Protection Act 1987 Order 2000 - to bring back UK law in line with EU Product Liability Directive
    3) Fuel Crisis 2000 - Privy Council used special powers to preserve fuel supplies. The ENERGY ACT 1971 (Reserve Powers) ORDER 2000 was made under provision of the Energy Act 1976
  22. 22WHAT ARE THE TWO CONTROLS ON DELEGATED LEGISLATION?1) Parliamentary control
    2) Judicial control
  23. 23PARLIAMENTARY CONTROL- Bylaws confirmed or are approved by the relevant govern. minister
    - Limits set in the EA
    - Question time
    - SIs are reviewed by Scrutiny Committee
    - SIs have to be published
    -Affirmative & Negative resolution procedure
  24. 24JUDICIAL CONTROL- Under judicial review an organisation or member of public can challenge a piece of del leg in the high court (looks into the wording of the enabling act)
    - ULTRA VIRES - when someone goes beyond the powers granted by parliament (misinterpret or go beyond powers of EA)
  25. 25HAW (2006) (Ultra Vires case)-Campaign against the Iraq War (camped in Parliament Square)
    Greater London Authority made him move off Parliament Square so he went onto the roads where they tried to prosecute him
    - The Authority acted beyond the powers of the enabling act
  26. 26WHAT ARE THE THREE TYPES OF ULTRA VIRES?1) Substantive ultra vires
    2) Procedural ultra vires
    3) Unreasonableness
  27. 27SUBSTANTIVE ULTRA VIRESWhen delegated legislation is declared void if it allows something that the enabling act did not intend (Strictland v Hayes BC 1896)
  28. 28PROCEDURAL ULTRA VIRESWhen the enabling act may set out certain procedures that must be followed before delegated legislation can be passed (Aylesbury Mushroom case1972)
  29. 29UNREASONABLENESSIf delegated legislation is unreasonable it will not be passed (Rogers v Swindon NHS Trust 2006)
  30. 30WHAT ARE THE ADVANTAGES OF DELEGATED LEGISLATION?- Saves time
    - Flexible (changes to min wage under National Minimum Wage Act 1988)
    - Made by experts (Air Navigation Controls Order)
    - Can be passed quickly (emergencies - Orders in Council, Manchester Common Wealth Games 2002 - bylaw)
    Democratic:
    1) Government ministers (elected) issue SIs and approve bylaws
    2) Orders in Council drafted by the government
    - Controls do exist and can be checked against what is stated in the EA
  31. 31WHAT ARE THE DISADVANTAGES OF DELEGATED LEGISALTION?- Undemocratic: BOA is not elected but they still made the decision to ban Dwain Chambers from running
    - Difficult for public to be informed (especially bylaws which are local matters)
    - Sub-delegation: when a person who has been given power passes it on further (happens a lot in bylaws and SIs)
    - Controls can be ineffective: judicial controls are costly so many cant afford it
    - Large quantity makes it difficult for proper scrutiny to occur
    - Lack of debate: most del leg is made in private in contrast to public debates in Parliament - potential to pursue unpopular agendas 'by the back door'

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Flashcards on Unit 1 Delegated Legislation, created by Beth_L on 19/11/2015.
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