UOL Y1 Public Law (Delegated Legislation) PDF
Document Details
Uploaded by RapidBaltimore5406
UOL
Tags
Related
Summary
This document provides information on delegated legislation. It includes definitions, types, sources, advantages and disadvantages. The document also discusses methods of scrutiny.The content is highly focused on the topic of public law, related to delegated legislation.
Full Transcript
74 CHAPTER 12: DELEGATED LEGISLATION[DL] 1. DELEGATED LEGISLATION[DL] / STATUTORY INSTRUMENT QUESTION: WHAT ARE DL & ITS PROS & CONS? EVIDENCE: 1.1 Def ...
74 CHAPTER 12: DELEGATED LEGISLATION[DL] 1. DELEGATED LEGISLATION[DL] / STATUTORY INSTRUMENT QUESTION: WHAT ARE DL & ITS PROS & CONS? EVIDENCE: 1.1 Def Law that derives its legitimacy from a Parent / Enabling Act(allows ministers to make DL) Made via a Parent Act that gives delegated powers to individuals or bodies Appointed authority drafts the DL and lays b4 the Parliament for Parliamentary scrutiny 1.2 Three Types of Statutory Instruments[SI] Regulations -> Fill in the details of substantive law Rules -> Set out procedures Orders -> Bring a Section of an AOP into force 1.3 Sources of DL GOVT ministers -> Statutory instrument Local authorities -> By-laws Public bodies -> Rules and regulations Primary Legislation Secondary Legislation Source: Parliament via AOP Ministers Procedure: HOC & HOL JCSI scrutinises Amendment: HOC & HOL N/A Court: X Review under PS JR to determine validity 75 1.4 Pros of DL Time-saving(425 Covid-19 SI, Brexit DL & Rules of Six -30 mins) -> Parliament X time to make laws one by one -> Introduce DL quickly to adapt to emergencies or unforeseeable probs Access to Expertise -> Parliament X knowledge and skill to make specialised laws -> GOVT departments / make technical laws in their area of specialisation Flexibility(Hansard Society) -> More adaptable and responsive to changes -> Amend or repeal via Henry VIII Clause -> Respond on an ad hoc basis to probs Legal Enforceability -> Bring primary legislation into force -> Strengthen the validity and enforceability of primary legislation -> Ex: Identity Cards Act 1.5 Cons of DL Erosion of PS -> Weaken and discredit the Parliament as a supreme lawmaking body Lack of Scrutiny -> Parliament X examine too technical, specific and detailed laws Bulky DL -> Parliament X keep up with too many DL CONCLUSION: DL = law from a Parent Act Pros = time-saving + expertise + flexible + enforceable Cons = erode PS + X scrutiny + bulky 76 2. SCRUTINY OF DL QUESTION: WHAT ARE THE SCRUTINIES OF DL? EVIDENCE: 2.1 Parliamentary Scrutiny 2.1.1 Negative Resolution Procedure (Object -> X Law) -> Lay a SI b4 Parliament for 40 days -> If HOC or HOL objects via the Early Day Motions, the SI / annulled -> Ex: HOL rejected the Greater London Authority Election Rules 2.1.2 Affirmative Resolution Procedure(10%) (Affirm -> / Law) -> DL / receive Parliament’s approval to be approved by HOC & HOL .1.3 Joint Committee on SI[JCSI] 2 HOC & HOL members review a SI to determine if it follows its Parent Act HOC Standing Order 151 considers if (1) it charges public revenues (2) exclude from JR and (3) retrospective effect .1.4 HOL Secondary Legislation Scrutiny 2 Committee Examines the policy merits of SI Ex: Considered Covid-19 SI 2 Stages for Brexit DL -> (Stage 1) Consider if SI = negatives or proposed negatives under EUWA 2018 -> (Stage 2) Examine all SI and other secondary legislation that / subject to Parliamentary procedure 77 .1.5 HOL Delegated Powers & Regulatory Reform 2 Committee Examines Bill proposals to give legislative powers from Parliament to another body Ex: Examined drafts of Legislative Reform Orders[LROs] under the Legislative & Regulatory Reform Act 2006 2.2 Judicial Scrutiny(JR) Grounds of JR -> Illegality -> Irrationality -> Procedural impropriety -> Breach of A.6 of ECHR Ex: R(National Association of Health Stores) v SOS for Health and Ahmed & Ors v HM Treasury -freezing of assets of suspected terrorist = ultra vires CONCLUSION: Parliamentary Scrutiny = negative resolution procedure + affirmative resolution procedure + JCSI + HOL Secondary Legislation Scrutiny Committee + HOL Delegated Powers & Regulatory Reform Committee Judicial Scrutiny = JR
