DL
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| what is delegated legislation | -delegated legeslation is law made by other bodies other than parliament but with authority from parliament
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| parent act (enabling act) | -areas in which laws can be made,
-when they can be made,
-who can make them and
-procedures which must be followed when making those laws
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| why do we need DL | -quick-saves parliament time
-made with expert knowledfe eg cabninet ministers- experts in their field
-councils+cos have better local knowledge than the government
-the people making the laws have time to consult everybody effected unlike parliament
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| who makes orders in council | - privy council, queen, senior politicians and judges
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| when are they made | -emergencies-HoP not sitting
-transfer power to gov departments
-comply w/ eu
-bing act into force
-foreign affairs
-dissolve parliament (after election)
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| civil contingency act 2004 |
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| Example of OIC in national emergency where parliament arenât sitting | - suspending flights in and out of the UK on 9/11
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| Example of OIC bringing act of parliament into force | - cannabis- class B -> C -> (OIC) B
Under misuse of drugs act 1971
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| Example of OIC dealing with foreign affairs | Declaring war
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| Example of OIC to transfer responsiblilitirs between government departments | - Scottish parliament and welsh assembly created, power from Westminster transferred
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| Statutory instruments info | - most common DL 3000 each year
-made by Gov ministers for their area of responsibility
- canât be sub delegated to other ministers
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| When are SIs made | - to update laws (small changes)
- to update fines for criminal offences
-commencement orders (specify date that law comes into force)
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| Example 1 in updating the law | - changes to a levels (minister of educatoon(
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| Example 2 updating the law | Upping minimum wage under national minimum wage act 1998
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| Example 3 of SIs changing law | Police codes of practice- powers relating to stop and search, arrest and detention (minister of justice)
POLICE AND CRIMINAL EVIDENCE ACT 1985
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| what are by-plaws | laws made by councils and corprations to cover a specific area
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| who makes by laws | -local fovernment under local government acrt 1972
- public bodies / companies- cover matters withing juristiction that affect public
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| example of bylaw made by local gov. | dog fowling fines under clean neighbourhood and environment act 2005
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| example of by-laws made by corp | - fines in railways for buyoing the wrong ticket
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| why dio we need controls on DL | - delegated to non democratically elected bodies
-delegated to so many bodies
-so powers cannot be abused/misused
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| limitations to the parent act | initial way parliament set control over dl
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| removel of the parent act | parliament may amend or demolish the parent act
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| amendment/repeal | parliament may amend or repeal the piece of dl
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| scrutiny commitee (IN COMMITTEE STAGE) | checks bills for innapropriate provisions, brought to HOL before bill goes to committee stage
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| affirmative resolution (SIS ONLY) | some SI ,must be approved by houses to become law
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| example of affiirmative resolution | -required before new or revised policee codes of practiose under PACE act 1984
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| negative resolution |
- SI becomes law unless rejected by parliament in 40 days
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| joint select committee (SIs only) | review all SI, report back to HoP.
1.impose tax or charge (only elected bpdies have right)
2.retrospective (must be prospective)
3. unclear or defective in some wayt
4. beyond powers set out by parent act
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| questioning of ministers | can be questiioned by parliament on work of department
-held accountable in qurstion time
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| The Legislative and Regulatory Reforms Act 2006 (SIS ONLY) | Making law to repeal an SI with burden
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| super affirmative resolution procedure | -affirmative resolution with a senior MP backing the law
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| judicial controls | -judicial review
-precedudural ultra vires
- substantive ulra vires
-unreasonableness
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| judicial review | -procedure used by High Court to ensure that the decision of the public challenge because if affected and think its unfair
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| ultra vires | beyond the powewrs
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| procedural ultra vires | instrument may be declared invalid if minister 7 body to whom the power to make law has not followed procedure set out in parent act
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| aylesbury mushroom case 1972 | - had not followed procedure. sent letter abt change but parent act said mushroom growers have to be consulted , so it was challenged by the mushroom growers in aylesbury
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| substantive ultra vires | when the person exceeded power given in parent act, they acted ultra vires
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| AG vs fulham corporartion | -corp. given power to give waShing facilities, gave chance for an employee to wash your clothes for you, never said you can do that in parent act so ultra vires
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| unreasonableness | if it contains power to make unreasonable regulatory
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| r v swindon nhs trust 2006 | -breast cancer patient was refused medication as her case was not 'exceptional' -considered unreasonable
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| strickland v hayes bc 1896 | -council passed by-law prohibiting singing obscene songs, ballad and language. unreasonaqble because it covered acts in public- ultra vires so void
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| when else can dl be declared void | -where it imposes law
-where it allows sub delegation
-where they conflict with EU`
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| saves parliamentary time |
Parliament do not have the time to deal with all the detailed laws.
By using delegated legislation, Parliament can focus on more important issues that require their attention.
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| technical experise and local knowledge | People with specialist/ local knowledge are involved in the preparation of delegated legislation.
Parliament does not necessarily possess this specialist/local knowledge.
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| allows consultation |
Ministers can have the benefit of consultation with other bodies before the regulations are drawn up.
Important for regulations on technical matters.
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| allows quick law making | -can be passed quickly e.g. emergencies
-HoP take too long in emeganvcies
-quicker to ammend than act
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| democratic | To an extent, it is democratic because Government Ministers, who are responsible for issuing statutory instruments and who also approve by-laws are elected.
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| undemocratic | The Queen and Privy Council are not elected yet approve Orders in Council.
SI’s are drafted by civil servants and often only rubber-stamped by the appropriate Minister.
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| risk of sub delegation | SI’s are supposed to be made by Government Ministers, but in reality they often merely rubber-stamp laws actually made by their civil servants.
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| large volume and lack of publicity | Delegated legislation are not publicised.
This means that an enormous volume of law is passed without the public being aware of it.
Much remains unpublicised even after coming into force.
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| difficult wording | Obscure (unclear) wording which can be difficult to understand.
This then makes it difficult for the laws to be interpreted.
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| contradicts seperation of powers | The Executive
The Legislature
The Judiciary
No-one should be a member of more than one of the three branches of power, and the three branches should operate separately from each other
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| bylaws must be approved by | relevant government minister
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