7262308
Descrição
FlashCards por sanjana dawar, atualizado more than 1 year ago
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Criado por sanjana dawar
mais de 7 anos atrás
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| Questão | Responda |
| 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 |
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