Delegated Legislation

Card Set Information

Delegated Legislation
2009-12-29 11:04:25
As law studiesA levelGCE unit 1 sources of law

Delegated Legislation AS LAW
Show Answers:

  1. What is delegated legislation?
    Means allowing bodies beneath Parliament to pass laws for Parliament, carrying the same weight and authority as Parliament
  2. Orders in Council
    • These are the laws passes in emergency situations when parliament is not sitting
    • The members of this council consists of the Queen and the Privy council.
    • There power comes from the Emergency Act of 1920
  3. Statutory Instruments
    • Government departments create Statutory instruments (SI's). These are pieces of legislation that related to the work of that particular department
    • These departments are given authority under the Parent Act - this sucessfully allows department to pass legislation.

    • Negative resolution procedure
    • After a legislation has been passed and there are no objections then it will become law within the period of 40 days. However If there are any objections. The case will be debated in Court and at the end, there will be a vote, to legalise or cancel the law.

    • Affirmative resoultion procedure
    • Some laws are sensitive and controversial, therefore they need extra monitoring. It is mentioned in the Parent Act, that the case will have to be debated at the end before its officially passed.

    SI's may be used by Transport department if they want to introduce a change in the road signs
  4. By-Laws
    These are laws published by a local authority, usually local councils. These cover matters within their own areas of interest. E.g the borough of Barnet can pass laws to ban dogs entering into play area in parks
  5. Controls of delegated legislatin
    • Parliament gives away its authority, that doesn't mean its responsiblity is lost. If department make a mistake, the blame will directly be upon Parliament. Therefore it is vital for Parliament to monitor the work of these deparment. This is done through The Scrutiny Committee and the Judical Review.
    • Scrunity Commitee
    • Its responsiblity is tracking SI's and whether they are functional accordingly to as it said to and informing the issues to Parliament. Its main function are:
    • > Making sure SI's is not going over its given authority
    • >Ensuring SI's is not imposing Tax (not allowed)
    • > SI's are unambigous and clearly understood.

    • Judicial review
    • Any type of delegated legislation can be review by a High Court judge of the Queens bench of the High Court. The most common reason why delegated legislation is because of Ultra Vires
  6. Reasons for delegated legislation
    • Limited Parliament time - Parliament have limtied time to pass legislation
    • Local Knowledge - Local politicians called councillors know the special wants and needs of their public areas on interest
    • Specialization - Parliament is rich with people in various profession and expertise, but not always
    • Faster response - Passing Laws via The Parliamentry stage can take up to serveral months, even when opposition is minimum.
    • Future ammendments - its quicker to ammend legislation is problem is discovered