Delegated Legislation

Descrição

F4 DL
Alia Azhari
Quiz por Alia Azhari, atualizado more than 1 year ago
Alia Azhari
Criado por Alia Azhari aproximadamente 8 anos atrás
330
0

Resumo de Recurso

Questão 1

Questão
Delegated legislation is defined as any proclamation, rule, regulation, order, by-law or other instrument made under any [blank_start]Ordinance, Enactment or other[blank_end] lawful authority and having legal effect under the Interpretation Act 1967.
Responda
  • Ordinance
  • Enactment
  • Ordinance, Enactment or other
  • -

Questão 2

Questão
Which of the following statement is legally truly accurate as to subsidiary law making?
Responda
  • Proclamations are made by the Yang Di-Pertuan Agung; rules and regulations by the Ministries and orders and by-laws by the local authorities.
  • Proclamations are made by the Yang Di-Pertuan Agung; rules and regulations by the local authorities and orders and by-laws by the Ministries.
  • Proclamations are amde by the Yang Di-Pertuan Agung; rules and regulations by the Ministries.
  • Proclamations are made by the YAng Di-Pertuan Agung; rules and regulations by the local authorities.

Questão 3

Questão
What are some if the advantages of delegated legislation?
Responda
  • Speed and flexibility
  • Technical knowledge and expertise
  • Take into account future needs
  • Saving of parliamentary time

Questão 4

Questão
The disadvantages of delegated legislation override the advantages of delegated legislation; however there are effective controls to keep delegated legislation in check. What are some forms of control?
Responda
  • Consultation
  • Judicial Review
  • Lack of Publicity
  • Lack of Parliamentary control

Questão 5

Questão
What is meant by 'Breach of Separation of Powers' as a disadvantage of subsidiary legislation?
Responda
  • Law is not passed by Parliament as it is the legislature that makes or unmakes law in the country; instead law is being passed by officers of government department.
  • Law is being passed by Parliament as it is the legislature that makes or unmakes law in the country.
  • Law is not passed by government as it is the government that makes or unmakes law in the country; instead law is being passed by officers of government department.
  • Law is not passed by the judiciary as it is the judiciary that makes or unmakes law in the country; instead law is being passed by officers of government department.

Questão 6

Questão
Delegated Legislation is the law made by an [blank_start]Executive[blank_end] authority acting under the powers given to them by the [blank_start]primary legislation[blank_end] , in order to implement and administer the requirements of various act.
Responda
  • Legislative
  • Executive
  • Judicial
  • primary legislation
  • secondary legislation

Questão 7

Questão
Any subsidiary legislation made in contravention of either parent Act or the Constitution is [blank_start]void[blank_end]. Eng Keock Cheng v PP (1966)
Responda
  • void
  • voidable
  • Unenforceable
  • Illegal

Questão 8

Questão
Both statutes and delegated legislation under it are expresed in general terms. It is not possible to provide in the Act for each eventually which falls within its remit. It therefore often falls to judges to interpret Acts.
Responda
  • True
  • False

Questão 9

Questão
As subsidiary legislation can be produced in large volumes, ordinary MPs and the public find it difficult to keep up to date with developments.
Responda
  • True
  • False

Questão 10

Questão
The system is unrepresentative in the some power is given to civil servants who are not democratically elected.
Responda
  • True
  • False

Questão 11

Questão
It saves time as Parliament does not have to examine matters of detail.
Responda
  • True
  • False

Questão 12

Questão
The system allows law to be enacted very slowly.
Responda
  • True
  • False

Questão 13

Questão
All subsidiary legislation must be published in the Gazette.
Responda
  • True
  • False

Questão 14

Questão
Prior consultation with relevant agencies is often required before the finalisation of delegated legislation. To disregard this requirement may result in the subsidiary legislation to become [blank_start]procedurally ultra vires[blank_end].
Responda
  • ultra vires
  • void
  • procedurally ultra vires
  • procedurally intra vires

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