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27 Cards in this Set
- Front
- Back
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What is Primary Legislation? |
> Acts of Parliament, otherwise known as statutes. |
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What is Secondary Legislation? |
> Delegated legislation, of which there are 4 types. |
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What is an Enabling Act? |
> Within an Act there will be an authority for a specified person (a minister) or a body (local authority) to make further more detailed law. |
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What are the four types of Delegated Legislation, and who do they effect? |
> Bye-laws (local effect) > Statutory Instruments (national effect) > Orders in Council (national effect) > The Welsh Government (citizens of Wales) |
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What are bye-laws? |
> Bye-laws are made by local councils and other public bodies to deal with matters which affect their local area. |
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Name an example of a bye-law. |
> Manchester banning drinking in it's town centre in 2002, because of the Commonwealth Games. |
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What are Statutory Instruments? |
> Statutory Instruments are regulations made by Government ministers or Government Departments to implement the provisions made in Acts of Parliament, they usually just add detail to a piece of primary legislation. |
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Name an example of a SI. |
> The Dangerous Dogs Act 1991, that allows the Home Secretary to add more breeds of dangerous dogs to the Act if it's deemed necessary. |
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What are Orders in Council? |
> These are laws passed by the Privy Council, which is a group of senior politicians who are allowed to make laws without the need for the whole Parliament to be sitting. > Usually used in times of emergency. |
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Name an example of an order in council. |
> The misuse of drugs Act (1971) order 2003, which saw cannabis being downgraded from a Class B to a Class C drug. |
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What Act gives the Welsh Government full law-making powers? |
> Government of Wales Act (2006) |
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How can the Attorney General object a Bill passed by the Welsh Government? |
> Attorney General has 4 weeks from the passing of the Bill to raise an objection, and refer it to the supreme court. |
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Name an example of Welsh Government legislation. |
> Citizens of Wales now have to 'opt out' of organ donation rather than 'opt in' |
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What are the two types of control for delegated legislation? |
> Parliamentary > Judicial |
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What is the parliamentary control 'affirmative resolution'? |
> This is where the SI has to be laid out before both Houses of Parliament, and they have to approve the measure. This can be a very effective control. > This is less common than the negative procedure. > This means that before Parliament approves it, the SI cannot take effect. |
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What is the parliamentary control 'super affirmative resolution'? |
> Allows changes to the order if made within 60 days. > Basically allows Parliament to block any controversial decisions made by ministers in their SI. |
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What is the parliamentary control 'negative resolution'? |
> This is where the SI is published without the need for it to be debated/voted on. > Any member of Parliament may put down a notion to annul a SI if it's done using negative resolution. > As they're not considered before Parliament, and still can become law, they have limited control over the delegated legislation. |
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What is the parliamentary control 'consultation'? |
> Many enabling acts require the undertaking of consultation with interested parties or those who will be affected by the delegated legislation. > It is a very effective control, but not all enabling acts require consultation, limiting it's usefulness. |
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What is the judicial control 'judicial review'? |
> A SI can be challenged by someone who has been directly affected by the law. > The judges have to decide if the legislation is ultra vires (beyond powers). > If it is declared ultra vires, the delegated legislation will be declared void. |
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What is the judicial control 'procedural ultra vires'? |
> This is where the procedure laid down in the enabling act for making an SI was not followed (i.e; Consultation was required but not carried out) > If this is the case the delegated legislation will be declared procedural ultra vires. |
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Name the case where 'procedural ultra vires' was used. |
> Agricultural, Horticultural, and Forestry Training Board v Aylesbury Mushrooms Ltd |
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What is the judicial control 'substantive ultra vires'? |
> This is where the delegated legislation goes beyond what Parliament intended. > Basically, when someone goes beyond the power conferred by Parliament. |
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Name the case where 'substantive ultra vires' was used. |
> Customs & Excise v Cure Deeley Ltd (1962) |
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What is the judicial control 'unreasonableness'? |
> When the delegated legislation being challenged is unreasonable.
> For this to happen, the person making the DL have either taken something into account which they shouldn't have, or not taken a certain matter into account. > Has to be proven that no reasonable body could've come to that decision. |
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Name the case where 'Unreasonableness' was used. |
> Associated Provincial Picture House Ltd v Wednesbury Corporation (1947) |
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Name three advantages of Delegated Legislation. |
> Expertise - DL is made by specialised Gov. Departments who have experts in the relevant field of legislation, which MPs don't have. > Local Knowledge - Byelaws are made by local authorities who have knowledge of the needs of their local area and people. > Flexibility - DL is often used to amend existing legislation, it's easier to use DL than pass a completely new Act of Parliament. |
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Name three disadvantages of Delegated Legislation. |
> Undemocratic - Law should be made by those elected to do so but DL is made by unelected individuals. > Sub-delegation - The power to make the DL is often sub-delegated to those not originally given the authority to pass law. Further removing the democratic process. > Volume - Approx 3000 SIs passed each year, which makes the correct law difficult to find and hard to keep up with. |
