9084 · 1.1.3
Delegated legislation flashcards
Revision flashcards for Cambridge 9084 Delegated legislation (syllabus 1.1.3). Flip, recall, then mark a real past-paper question.
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What is delegated legislation?
Law made by a body other than Parliament, but with the authority of an Act of Parliament. It is also known as secondary legislation.
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What is an Enabling Act?
An Act of Parliament that delegates law-making power to a non-parliamentary body, such as a government minister or a local authority. It sets the framework and limits for the delegated legislation.
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What are Statutory Instruments (SIs)?
The most common form of delegated legislation, made by government ministers for their area of responsibility. Around 3,000 are made each year.
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What are Orders in Council?
Laws made by the Privy Council (the Queen and senior politicians) in emergency situations under the Emergency Powers Act 1920 or to transfer powers between government departments.
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What are Bylaws?
Laws made by local authorities (e.g., county councils) or public corporations (e.g., Transport for London) to deal with local matters like parking or litter.
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What is the 'negative resolution' procedure?
A parliamentary control where a Statutory Instrument is laid before Parliament and will automatically become law after 40 days unless a motion to annul it is passed by either House. This is the most common procedure.
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What is the 'affirmative resolution' procedure?
A parliamentary control where a piece of delegated legislation (usually an SI) must be actively approved by a vote in Parliament before it can become law. It is used for more significant powers.
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What is the role of the Joint Committee on Statutory Instruments (Scrutiny Committee)?
It reviews all SIs and can refer any problematic instrument to Parliament's attention if it, for example, goes beyond the powers of the parent Act or imposes a tax without authority.
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Define 'Ultra Vires'.
A Latin term meaning 'beyond the powers'. In the context of delegated legislation, it means a law has been made that goes beyond the authority granted by the enabling Act. Such a law is void.
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What is procedural ultra vires?
This occurs when the body making the delegated legislation fails to follow a mandatory procedure laid down in the enabling Act, such as a requirement to consult a specific group. See Aylesbury Mushroom Case (1972).
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What is substantive ultra vires?
This occurs when the content of the delegated legislation goes beyond the powers granted by the enabling Act. For example, levying a tax when the Act did not grant the power to do so (Attorney-General v Fulham Corporation).
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What was the legal principle from the Aylesbury Mushroom Case (1972)?
This case is the leading authority for procedural ultra vires. The Minister failed to consult the Mushroom Growers' Association as required by the enabling Act, so the regulations were declared void in relation to them.
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What is the 'Wednesbury unreasonableness' test?
A ground for judicial review where a decision is so outrageous in its defiance of logic or accepted moral standards that no sensible person who had applied his mind to the question could have arrived at it. (Associated Provincial Picture Houses v Wednesbury Corporation).
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Give one advantage of delegated legislation.
It saves parliamentary time. Parliament does not have the time to debate every detailed rule, so it can delegate this to ministers, allowing it to focus on major policy issues.
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Give one disadvantage of delegated legislation.
It can be undemocratic. Law-making power is passed from elected MPs to unelected civil servants or appointed ministers, reducing direct democratic accountability.