Delegated Legislation Overview

A collection of flashcards summarizing key concepts related to delegated legislation, its types, advantages, disadvantages, and parliamentary and judicial controls.

What is delegated legislation (DL)?

Delegated legislation is when Parliament delegates its power to make laws to others, while remaining the supreme law maker.

What must happen before any delegated legislation is made?

Parliament must authorise it in the parent act, setting parameters such as which minister can make it and the types of law allowed.

What is an example of a parent act for delegated legislation?

The Police and Criminal Evidence Act 1984.

What are the advantages of delegated legislation?

Advantages include time savings, speed, ease of amendment, and the ability to utilize expert knowledge.

What are the disadvantages of delegated legislation?

Disadvantages involve democratic deficiency, the risk of poor drafting, and potential issues with sub-delegation.

What is the purpose of the Delegated Powers and Regulatory Reform Committee (DPRR)?

The DPRR examines whether an enabling act inappropriately delegates power, focusing on the adequacy of parliamentary oversight.

What is an Order in Council?

An Order in Council is made by the King with the Privy Council, used for transferring responsibilities or making emergency legislation.

What is a statutory instrument?

A statutory instrument is a rule or regulation created by government ministers under the authority of a parent act.

What happens to statutory instruments after they are laid before Parliament?

Statutory instruments can either be negatively resolved (automatically become law unless an MP objects) or require affirmative resolution (must be specifically approved by Parliament).

What judicial review can address concerning delegated legislation?

Judicial review can assess if delegated legislation exceeds the powers granted in the enabling act.

What are the two types of review in judicial review?

Procedural review, which examines if procedures were followed, and substantive review, which checks if the delegated legislation exceeds powers.

How can Parliament challenge statutory instruments?

Parliament can issue prayer motions or utilize committees to object to statutory instruments through either negative or affirmative resolution.

Why might judicial reviews be seen as ineffective?

Judicial reviews may be ineffective due to the limited standing, legal aid availability, and the power imbalance against public bodies.