Delegated Legislation

• Power delegated by Parliament to pass laws through and Enabling Act.
• What is one advantage of using statutory instruments in Parliament?


  It saves time of Parliament, allowing concentration on broader issues.
• Why is it impossible for Parliament to have comprehensive knowledge on every area?


  Because of the vast number of complex regulations and areas of expertise.
• How are statutory instruments more responsive than Acts of Parliament?


  They can be amended more quickly and allow for flexibility.
• What is an example of when Orders in Council can be passed?


  In times of emergency.
• Why is it more appropriate for local people to create laws for their area?

  Because they understand the specific needs and issues of their community better than Westminster.
• How are statutory instruments and bylaws made by local councils democratic?


  Because MPs and councillors are elected representatives.
• What benefit do ministers have when passing statutory instruments?


  They can benefit from consultation with experts.
• What is required for all statutory instruments?


  They must be published.
• What is a disadvantage of legislation that doesn't go through the full Parliamentary process?


  It can be implemented by a single minister instead of an elected parliament.
• How can civil servants affect the democratic process in legislation?


  Civil servants can pass legislation via sub delegation, making it undemocratic.
• Why is it difficult to keep track of laws that are passed?

  Due to the large volume of legislation passed.
• What does the negative resolution procedure imply for statutory instruments?


  It means statutory instruments can pass laws without notice.
• What is a consequence of the lack of publicity regarding new laws?


  It leads to ignorance, making it impossible for the public to keep track.
• What does the phrase 'watchdog without teeth' refer to in the context of legislation?


  It refers to insufficient time to scrutinise the legislation effectively.
• What is a disadvantage of judicial review in the legislative process?


  Judicial review is expensive.
• CONTROL OF DELEGATED LEGISLATION:


  1. Judicial Controls
  2. procedural ultra vires
  3. substantive ultra vires
  4. unreasonable ultra vires
• UDICIAL CONTROLS by the courts under Judicial Review in the High Court KBD
• PROCEDURAL ULTRA VIRES 


  Wrong procedure (AYLESBURY MUSHROOMS)
• SUBSTANTIVE ULTRA VIRES 


  Exceed authority (JOINT COUNCIL FOR IMMIGRANTS)
• UNREASONABLE ULTRA VIRES 


  no other body would have done the same – Wednesbury Test (ROGERS)
• Parliamentary Controls


  1. Enabling Act
  2. Joint committee on statutory instruments
  3. affirmative resolution
  4. negative resolution
  5. all bylaws
  6. can be revoked/changed
• ENABLING ACT 


  states to whom the power is delegated and how it should be used.  
• JOINT COMMITTEE ON STATUTORY INSTRUMENTS 


  Debating, evaluating and suggest amendments to the House of Commons
• AFFIRMATIVE RESOLUTION 


  Vote in the House of Commons and House of Lords to pass law (Statutory Instruments)
• NEGATIVE RESOLUTION 


  No vote unless objections raised within 40 days. (Statutory instruments)
• ALL BYLAWS must be approved by relevant Minister.
• CAN BE REVOKED/CHANGED quickly and easily by Parliament
• TYPES OF DELEGATED LEGISLATION


  orders in council, statutory instruments, bylaws
• ORDERS IN COUNCIL


  Made by the Privy Council (Prime Minister, and other Leading Members of Government past and present).  Must be signed by the King.
• Examples of orders in council


  1.          When Parliament isn’t sitting or in times or emergency the PC can under the Civil Contingencies Act 2004 pass an O in C – e.g. extra powers to the police to deal with 2011 riots
  2.         To amend the law – under the Misuse of Drugs Act 1971 – O in C passed to reclassified cannabis twice
  3.        To transfer power to another Gov’t Dept. – e.g. under the Government of Wales Act 1999 power was transferred to the Welsh Parliament in 1999
• STATUTORY INSTRUMENTS


  Made by Government ministers using the resolution process stated in the enabling Act (Negative, affirmative or super-affirmative). Over 3000 Statutory Instruments per year.
• Examples of Statutory instruments


  1.            National Minimum Wage Act 1998 – increase minimum wage yearly
  2.            PACE 1984 – order audio recordings to be made of police interviews and to add new Codes of Practice
  3.           Dangerous Dogs Act 1991  - add a banned breed.
• BY LAWS:


  Made by Local authorities, public corporations or companies.
• LOCAL AUTHORITY EXAMPLES:

  1.            Local Government Act 1982 – power to create no alcohol zones
  2.           Clean Neighbourhoods and Environment Act 2005 – no dog fouling
• OTHER BODY EXAMPLE:

  National Trust 1907  - no drones over National Trust Land