Flashcards
Delegated legislation
Flashcards do conjunto (10)
- 1Delegated leg: What is it?Law made by some person or body other than parliament, but with the authority of parliament (without responsibility).
- 23 types:•Order in council
•Statutory Instrument
•By-Law - 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 - 4Statutory instruments: Gov minsMinisters and gov departments given authority to regulate an area, detailed and technical adjustments of enabling act.
- 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 - 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 - 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 - 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
- 9Control by the courts:•judicial review: +ive; anyone affected can call for a review and could declare it void -ive; expensive, rules
- 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.