Delegated Legislation

Question	Answer
Delegated Legislation	Delegated Legislation is when parliament are not the best people to make a law and so they pass it onto a third party, this is done through: The Enabling Act
Why We Use Delegated Legislation	Resources Technical expertise Local Knowledge Faster Easy changed Cheaper
Types Of Delegated Legislation	Orders in council Statutory instruments By - laws
Controls of Delegated Legislation	When this power to make law is passed down it is important that these bodies are kept in check, so that this power is not misused. These checks are carried out by both Parliament and the Courts
Controls Of Delegated Legislation	By Parliament: Enabling Act Delegated powers scrutiny committee Judicial Scrutiny Committee Affirmative Resolution Negative resolution
Controls Of Delegated Legislation	By the Courts… Procedural ultra vires (Aylesbury Mushrooms, 1972) Substantive ultra vires (Cure and Deeley, 1962) ot Ex parte Fire Brigades Union Unreasonableness Strickland v Hayes
Problems With The Controls	Ultra vires relies on someone challenging the piece of law; if no one does then it can remain undiscovered
Problems With The Controls	Delegated Powers Scrutiny committee has no power to amend bills, only report findings
Problems With The Controls	With affirmative resolution procedure can only accept or reject bill, cant amend it
Criticisms of Delegated Legislation	Democracy Volume Publicity Sub - Delegation Accountability Obscure Working

Resource summary

	Created by sanjana dawar about 8 years ago