Podcast
Questions and Answers
What is the primary authority that allows for the creation of delegated legislation?
What is the primary authority that allows for the creation of delegated legislation?
Which type of statutory instrument is primarily intended to set out procedures?
Which type of statutory instrument is primarily intended to set out procedures?
What is one major advantage of using delegated legislation?
What is one major advantage of using delegated legislation?
Which authority can draft a statutory instrument for delegated legislation?
Which authority can draft a statutory instrument for delegated legislation?
Signup and view all the answers
In what way does delegated legislation provide flexibility?
In what way does delegated legislation provide flexibility?
Signup and view all the answers
What type of authority issues by-laws as a form of delegated legislation?
What type of authority issues by-laws as a form of delegated legislation?
Signup and view all the answers
Which type of statutory instrument is utilized to bring a section of an Act into force?
Which type of statutory instrument is utilized to bring a section of an Act into force?
Signup and view all the answers
What is a limitation of delegated legislation in comparison to primary legislation?
What is a limitation of delegated legislation in comparison to primary legislation?
Signup and view all the answers
What is the main role of the HOL Secondary Legislation Scrutiny Committee?
What is the main role of the HOL Secondary Legislation Scrutiny Committee?
Signup and view all the answers
Which stage of the Brexit Delegated Legislation process involves determining if statutory instruments propose negatives under EUWA 2018?
Which stage of the Brexit Delegated Legislation process involves determining if statutory instruments propose negatives under EUWA 2018?
Signup and view all the answers
Which of the following is NOT a ground for Judicial Review (JR)?
Which of the following is NOT a ground for Judicial Review (JR)?
Signup and view all the answers
What does the HOL Delegated Powers & Regulatory Reform Committee examine?
What does the HOL Delegated Powers & Regulatory Reform Committee examine?
Signup and view all the answers
Which case exemplified the application of judicial scrutiny on the freezing of assets of suspected terrorists?
Which case exemplified the application of judicial scrutiny on the freezing of assets of suspected terrorists?
Signup and view all the answers
How is Parliamentary Scrutiny generally characterized?
How is Parliamentary Scrutiny generally characterized?
Signup and view all the answers
What is the purpose of the JCSI in relation to legislative processes?
What is the purpose of the JCSI in relation to legislative processes?
Signup and view all the answers
Which procedure is adopted when a statutory instrument receives negative resolution?
Which procedure is adopted when a statutory instrument receives negative resolution?
Signup and view all the answers
Which of the following is a pro of delegated legislation?
Which of the following is a pro of delegated legislation?
Signup and view all the answers
What best describes the 'Negative Resolution Procedure' in the context of parliamentary scrutiny?
What best describes the 'Negative Resolution Procedure' in the context of parliamentary scrutiny?
Signup and view all the answers
What does the Affirmative Resolution Procedure require?
What does the Affirmative Resolution Procedure require?
Signup and view all the answers
Which statement best characterizes the role of the Joint Committee on Statutory Instruments (JCSI)?
Which statement best characterizes the role of the Joint Committee on Statutory Instruments (JCSI)?
Signup and view all the answers
Which of the following accurately describes the erosion of parliamentary sovereignty due to delegated legislation?
Which of the following accurately describes the erosion of parliamentary sovereignty due to delegated legislation?
Signup and view all the answers
What is one of the main criticisms related to the lack of scrutiny in delegated legislation?
What is one of the main criticisms related to the lack of scrutiny in delegated legislation?
Signup and view all the answers
What is one example of an effect of the Henry VIII Clause in legislative practices?
What is one example of an effect of the Henry VIII Clause in legislative practices?
Signup and view all the answers
Study Notes
Delegated Legislation (DL)
- DL is law that gets its authority from a parent/enabling act
- The parent act gives delegated powers to certain individuals or bodies
- Appointed authorities create DL, which is then presented to Parliament for scrutiny
- Three types of Statutory Instruments (SI): regulations, rules, and orders
- Regulations detail substantive law
- Rules outline procedures
- Orders bring sections of an Act into force
- Sources of DL include government ministers (statutory instruments), local authorities (by-laws), and public bodies (rules and regulations)
- Primary legislation originates in Parliament, going through the House of Commons (HOC) and House of Lords (HOL) for procedures and amendments
- Secondary legislation (SI) is scrutinized by the Joint Committee on Statutory Instruments (JCSI) and the House of Lords
- Courts can review secondary legislation under judicial review provisions
Pros of DL
- Time-saving: DL processes are faster, especially in emergencies
- Access to expertise: government departments possess specialized knowledge
- Flexibility: allows law to adapt quickly to changes or unforeseen situations
Cons of DL
- Erosion of parliamentary sovereignty: weakens Parliament's role as the primary lawmaking body
- Lack of scrutiny: technical details of DL might not receive sufficient parliamentary examination
- Bulky nature of DL: many secondary laws can make the system more complex
Parliamentary Scrutiny of DL
- Negative Resolution Procedure: Parliament has 40 days to object to a SI
- Affirmative Resolution Procedure: Parliament must approve a SI
- Joint Committee on Statutory Instruments (JCSI): HOC and HOL members review SI to ensure it aligns with parent act
- House of Lords Secondary Legislation Scrutiny Committee examines SI policy merits; specifically focused on Brexit-related legislation and Covid-19 SI's
- Delegated Powers and Regulatory Reform Committee examines proposals to grant legislative powers from Parliament to other bodies
Judicial Scrutiny (JR)
- Grounds for JR include illegality, irrationality, procedural impropriety, and breach of human rights
- Courts can review DL for legality and validity; for example, reviewing actions of government bodies related to suspected terrorists.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Related Documents
Description
This quiz focuses on the concept of Delegated Legislation (DL) and its distinction from primary legislation. It covers the types of Statutory Instruments (SIs), the powers granted by parent acts, and the scrutiny process by Parliament. Additionally, it delves into the pros and cons of DL, emphasizing its time-saving advantages.
