Loading [MathJax]/jax/output/HTML-CSS/fonts/TeX/fontdata.js
Oli Booty
Mind Map by , created more than 1 year ago

AS Law Mind Map on Delegated Legislation, created by Oli Booty on 02/03/2015.

116
2
0
Oli Booty
Created by Oli Booty about 10 years ago
Rate this resource by clicking on the stars below:
1 2 3 4 5 (0)
Ratings (0)
0
0
0
0
0

0 comments

There are no comments, be the first and leave one below:

Close
Delegated LegislationParent/enabling ActTypes DLOrders in CouncilPrivy CouncilA body made up of senior current and former politicans, seniorjudges and members of the Royal FamilyOrders in CouncilMade by government and given to the Privy Council to approve420 members but only 3 or 4 members attened meetings inwhich OiC are madeResposibiltiesTransfering resposibilties between givernment departments or diffrent parliaments/assemblies,dissolving Parliament before an election, bringing an Act of Parliament into force, dealing with foreginaffairs (Afganistan Order 2001), times of emergency (9/11 caused The Terroism Order 2001)StatutoryinstrumentsLaws made by Government ministers within the are of theirresposibilityOften used to update law like to update the amount of a fine a criminal may have to pay or theamount of what the minimum wage is set at under the Minimum Wage Act 1998This term can be used becuase the delegated legislation can be viewed as the off springor product of the original ActWithin the Act there will be authority for a specified person or body to make further moredetailed lawthe Act will specify the are within which law can be made, any procedures that the delegated person or body mustfollow when making the lawIn 2010 2971 statutory instrumenbts were madeBy-lawsMade by local authorities and public corpirations or companies, they apply to a localsuthority are or the public body only, then they are enforcable in the courtsLocal authroities like local councils can make By-laws which are onlyenforcable in that are of which they have power over. Examples of these can bedrinking alchol in public places or the fouling of public areas by dogsDog fouling's parent act can be Clean Neighbourhood and Environment Act 2005. This is were a localauthority can: designate areas of land on which it is an pffence for anyone to fail to remove dog faecesdeposited by a dog for which he or she is responsible, to ban dogs from areas of land such asbeaches, parks and children's playgroundMost by-laws made under the authority of the Local Government Act 1972.For example, you can't drink in designated areas and these must beaccomapnaied by signs.Some bodies can make by-laws to regulate the publicsbehavouir while on their propertyRailways Act 2003, railway companies can issue by-laws about behaouir ofthe public on their station and trainsBoddington v British Transport Police (1998) a man got fined £10 by the courts for smoking on a trainControl on delegated legislationParliamentryControlThe parent Act sets out the limits within which delegated law must be made or theprocedures to be followedParliament can repeal or amend the delegated legislationAll delegated legislation, including by-laws, are made under the authority ofgovernment ministersIt is the role of the ScrutinyCommittee to review stattory instruments and refer anyrequiring further consideration back to the housesHouse of Lords Delegated Powers Scrutiny Committee checks the enabiling provisions ofthe parents ActsThe statutory Instruments Act 1946 requires all statutory instruments to be publishedSI is laid before both houses and needs to be approved by both for it to become law(affirmative). Can become nullified if not laid down and still passed though (negative)Ministers can be held accountable in Question Time or during debatesParliament can remove the power to make DLJudicialControlsProduces Ultra Vires - delegated legislation is void becuasethe procedures set out in the parent Act forcreating it have not been followed, as in Aylesbury Mushroom Case (1972)Substantial Ultra Vires - delegated legislation is void becuase the content exceeds the limits se out in theparent Act for example Customs and Excise Comminssioners v Cure and Deeley LTD (1962)Unreasonableness - delegated legislation is void because it is sounreasonable, for example R v Swindon NHS Trust (2006)AdvantagesDisadvantagesSaves Parliament time. It is Flexible It is made by people with local knowledge. There is nocontrol over DL. It is to an extent democratic.Lack of publicity. Some delegated legislation offends the separation of powers. There s a riskof sub delegation. There is a lack of effective control. It is to an extent undemocraticDouble click this nodeto edit the textClick and drag this buttonto create a new node