2641315
Description
Flashcards by thornamelia, updated more than 1 year ago
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Created by thornamelia
almost 10 years ago
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| Question | Answer |
| What is delegated legislation? | The power granted by parliament which allows other people to make acts, i.e. the queen and privy council. |
| The three types of Delegated legislation | - Orders in Council - Statutory instruments - Bylaws. |
| Orders in council | Made by; The queen and privy council. - Allows the queen and her privy council to make acts in emergency times, when parliament are not sitting. Under; Emergency powers act. |
| Statutory Instruments | Made by; Government ministers of relevant departments. - Allows the government ministers to create acts according to their specific knowledge. For example; it allows the secretary of state for transport to make changes to the legislation on helmet usage. |
| Bylaws | Made by; Local authorities. - Allows them to make laws for their specific areas. For example; train companies can make rules on the conduct of passengers. |
| Why its necessary | - Parliament don't have enough time- roughly three thousand statutory instruments alone are made each year. - Parliament don't have the knowledge necessary to make many legislation. - Parliament can't make all the legislations- one parliamentary act takes an average of 6 months to make. |
| Controls on Delegated legislation | - Affirmative resolution. - Negative resolution - Ultra vires. -Scrutiny committee. |
| Affirmative resolution | - A statute is laid before parliament, and if after forty days, no member of parliament has put in an argument about it, it will be put into action. |
| Affirmative resolution | For statutory instruments, the legislation has to be approved before it can be made into an act. |
| Ultra vires | Substantive ultra vires- If the act is seen to be unreasonable, or goes beyond the powers granted by parliament, it can be declared void and unenforceable by the courts. Procedural ultra vires - If the act has not been made following the correct procedure- i.e. not consulting the correct involved parties, it can be declared void and unenforceable by the courts. |
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