Delegated legislation.txt

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Author:
toricazaly
ID:
220189
Filename:
Delegated legislation.txt
Updated:
2013-05-18 17:10:29
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LAW
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SOURCES OF LAW
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    • author "me"
    • tags ""
    • description ""
    • fileName "Delegated legislation"
    • freezingBlueDBID -1.0
    • Types of it
    • Bylaws -made by local authorities
    • Orders in council - made by privy council
    • Statutory instruments -made by government ministers
  1. Bylaws
    • Created by local government act 1972
    • Public body that deal with issues specifically in there area - eg London transport banning smoking on the underground
    • Cover local matters sometimes by public corporations and certain companies for their matters within their jurisdiction which would involve the public
    • Involves matters of only local concern
  2. Orders in council
    • Drafted by the government
    • Times of emergency or when parliament isn't sitting
    • Emergency powers act (1920)
    • Country wide law
    • Used in times of war
    • Used to make law quickly eg misuse of drugs act 1971
    • Eu legislation such as directives are harmonized into UK law
  3. Statutory instruments
    • Law that affects the whole country
    • The government ministers who make it powers is set out in parent/ enabling act
    • 3000 passed each year -major method
    • Has to be passed by negative resolution with no debate eg constitutional reform act 2005
  4. Controls by parliament
    • Enabling act
    • Joint select committee:
    • -the delegated powers scrutiny committee
    • -the scrutiny committee
    • The resolution procedure - DL has to go before parliament before it becomes law
    • - negative resolution procedure
    • - affirmative procedure
    • Question time by mps
    • Laws checked by relevant government ministers
    • Parliament require consultation
    • Judicial review
  5. Challenges in court - judicial review
    • Substantive ultra vires - power lays beyond the enabling act
    • Procedural ultra vires
    • Unreasonable
  6. Substantive ultra vires
    • Eg cure v deely ltd case 1962
    • The enabling act didn't gave the comissioners the power to determine the amount of tax due when tax returns were submitted late. The enabling act empowered them to collect such a tax but it doesn't allow them to decide what amount they saw fit - high court declared VOID
  7. Procedural ultra vires
    Aylesbury mushroom - failed to consult all the mushroom growers that they were creating a new trading law
  8. Unreasonable
    Strict land v Hayes BC - the local authority tried to ban swearing and the singing of obscene songs challenged because it was an unreasonable law
  9. Advantages
    • Saves parliamentary time
    • It allows specialists to be involved in legislation which allow them to deal with very techical matters and alter any technical data
    • Provides flexibility - laws can be implemented or adjusted quickly and easily
    • Useful in crisis
    • It can be subjected to judicial review unlike statute law
  10. Laws checked by relevant government ministers
    • All laws are checked
    • This.means that the traffic minister would check traffic restrictions that local authorities want to impose
  11. Question time
    Mps can ask ministers about the piece of DL during question time
  12. Parliament require consultantion
    Quite often the enabling act will require there to be consultation with interested parties or advisory bodies
  13. Delegated powers scrutiny committee
    • Part of the house of lords
    • It looks at bills and can report concerns back but cannot actually change laws
  14. Scrutiny committee (si's only)
    • Review all si's
    • Group of Mps called a select committee
    • They report any findings/concerns back to parliament
    • Only have power to report things cannot change or amend anything
  15. Enabling act
    • Powers in those act is very wide
    • Lays down the scope of the delegated powers
    • Parliamentary control thought the wording of the enabling act
  16. Negative resolution procedure
    DL becomes law unless an MP rejects it within 40 days
  17. Affirmative procedure
    The DL only becomes law if approved (voted for) by parliament within a specified period
  18. Disadvantages
    • There is too much of it
    • Parliament doesn't have the time to scrutinised it properly and parliamentary scrutiny is weak
    • Dangers of sub-delegation sugesting parliamentary control is reduced as usually by civil servants - undemocratic
    • Publicity for delegated legislation is low - media attention ostensibly focused on statutes
    • Delegated legislation is often complex
    • Judicial review isn't always effective - can be expensive and relies on someone bringing the matter to the court.

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