summary

• 1. Definition

  •Delegated Legislation refers to laws made by a person or body other than Parliament, but with its authority.

  •Authority is granted through enabling (parent) Acts of Parliament, which specify who can make the law and the extent of their powers.
• 2. Types of Delegated Legislation

  1.Statutory Instruments (SIs)

  •Made by government ministers to update or add detailed rules to an existing Act.

  •Examples:

  •Updating the minimum wage under the National Minimum Wage Act.

  •Changing speed limits under the Road Traffic Act.

  •Used for technical, administrative, or specialist areas (e.g., health regulations).
• 2.Types of delegated legislation

  2.By-laws

  •Made by local authorities or other public bodies (e.g., Transport for London).

  •Apply to specific localities or groups.

  •Examples:

  •Parking restrictions by a council.

  •Smoking bans in public transport areas.

  •Must be approved by a relevant government minister.
• 2.Types of delegated legislation

  3.Orders in Council

  •Made by the Privy Council and the monarch.

  •Used in emergencies under the Emergency Powers Act 1920 or for transferring responsibilities between government departments.

  •Examples:

  •Enacting measures during a national crisis (e.g., terrorism or pandemics).

  •Imposing trade restrictions under the United Nations Act 1946.
• 3. Reasons for Using Delegated Legislation

  •Flexibility: Allows quick updates to the law without requiring a full parliamentary process.

  •Expertise: Ministers and specialists can create laws tailored to technical areas (e.g., aviation).

  •Efficiency: Saves parliamentary time by handling routine or localized matters.

  •Emergency Powers: Provides a mechanism for rapid response to urgent situations.
• 4. Controls on Delegated Legislation

  Parliamentary Controls

  1.Enabling Act: Sets boundaries on the powers granted to the delegated body.

  2.Affirmative Resolution Procedure:

  •Some SIs must be explicitly approved by Parliament (e.g., new anti-terror measures).

  3.Negative Resolution Procedure:

  •SIs automatically become law unless challenged within 40 days.

  4.Scrutiny Committees:

  •The Joint Committee on Statutory Instruments reviews SIs and flags concerns.
• 4.Controls on delegated legislation exam planning

  Judicial Controls

  1.Ultra Vires Doctrine:

  •Courts can declare DL invalid if it exceeds the powers granted by the enabling Act.

  •Types of Ultra Vires:

  •Substantive: The law exceeds its powers.

  •Case: A-G v Fulham Corporation (1921).

  •Procedural: Incorrect procedures were followed.

  •Case: Aylesbury Mushrooms (1972).
• 5. Advantages of Delegated Legislation

  •Saves Parliamentary Time: Delegates routine matters, allowing Parliament to focus on major issues.

  •Expertise: Specialist knowledge is utilized in drafting laws.

  •Flexibility: Can be updated quickly as needed.

  •Local Knowledge: By-laws reflect local needs.

  •Speed: Can address urgent or unforeseen issues promptly.
• 6. Disadvantages of Delegated Legislation

  •Lack of Democratic Accountability:

  •Most DL is made by unelected individuals or bodies (e.g., civil servants).

  •Risk of Abuse:

  •Broad enabling Acts may grant excessive power.

  •Case: R v Home Secretary, ex parte Fire Brigades Union (1995).

  •Limited Scrutiny:

  •Only a small percentage of SIs undergo thorough review.

  •Complexity:

  •Overuse of DL leads to volume and confusion in the legal system.

  •Judicial Review Limitations:

  •Time-consuming and costly for individuals to challenge DL.
• 7. Key Case Law

  1.Aylesbury Mushrooms (1972):

  •Procedural ultra vires. DL declared invalid because consultation requirements were not followed.

  2.A-G v Fulham Corporation (1921):

  •Substantive ultra vires. Local authority created a commercial laundry service beyond its legal powers.

  3.Wednesbury Corporation (1948):

  •Established the test for unreasonableness in DL.

  4.R (Boddington) v British Transport Police (1998):

  •Highlighted the ability to challenge DL during a criminal trial.
• 8. Evaluation Points

  •Balance of Power: Delegated Legislation effectively distributes law-making but requires rigorous oversight.

  •Modern Necessity: In a complex, fast-moving society, DL is essential for efficient governance.

  •Potential for Reform: Calls for greater transparency, more robust scrutiny, and improved access for public understanding.