law making

delegated legisaltion

what is order in council

an instrument issued to allow executive to make emergency laws without legislative process

how was order in the council made by?

privy council

what is the enabling act for order in council?

fuel crisis 2000

what are bylaws?

allows locals to make decisions about their areas

who are bylaws made by?

local authorities and public bodies

what is the enabling act for bylaws?

local government act 1972

what is statutory instruments?

laws made so they can make laws in their area under their responsibility

who makes statutory instruments?

ministers and the government department

what is the enabling act of statutory instruments?

emergency power act

what are the 3 parliamentary controls?

• affirmative resolutions procedures

• negative resolution procedures

• scrutiny committees

affirmative resolution procedure

drafted, debated and votes

negative resolution procedures

after 40 days, law is forced, if no objection comes from parliament, remains. if it is annulled, law is cancelled.

scrutiny committees

checks over powers given and if all procedures were followed.

overall conclusion

• it provide accountability

• most DL passes without debate

what are the two main court control

• judicial review

• ultra-vires

what is judicial reviews

a legal process where courts review the legality of DL

courts do not consider whether the law is good or bad, only if it is lawful

what is ultra-vires?'

‘beyond the powers’

if it is used, the courts can declare it invalid.

summary of court control

• it protects individual rights

• it is expensive and time-consuming

what are the reasons for the use of delegation?

• saves parliamentary time- limited time and so many laws are made a year. this allows them to focus on major issues

• allows use of expert knowledge- ministers have expertise e.g. health —> lead to more accurate and effective law

• flexibility- can be amended or repealed quickly. this allows law to keep up with social changes e.g. covid

• allows law to be made quickly- law making is slow, DL can be introduced quickly e.g. emergency order in council

advantages of delegated legislation?

• fast

• flexible

• expert input

disadvantages of delegated legislation

• undemocratic

• limited scrutiny

• risk of abuse