关于我们 About US 投稿/Contribute

首页> 培训>A-Level>考题> 正文

A-Level法律-委任立法Delegated Legislation

新东方 2016-03-16 16:56

  Revision: Delegated Legislation

  Parliament passes authority to other bodies to create laws.

  Types of Delegated Legislation

  Statutory Instruments (SIs)

  Created by government ministers

  Add detail to the parent Act

  Road Traffic Act 1972

  All motorcyclists must wear helmets; it is left to Minister of Transport how to legislate on the details such as what type of helmet

  Road Vehicle Regulations 2003

  Mobile phones cannot be used while driving

  Bylaws

  Local authorities make laws for a local area.

  May also be made by some public corporations, e.g. London Underground

  E.g. No drinking alcohol on the streets of Bury.

  Orders in Council

  Made by the Queen and Privy Council

  In times of emergency

  Most frequently where SIs would be inappropriate

  E.g. Foot and Mouth crisis, 2001

  UN Sanctions Order 1990

  Imposed (food) sanctions on Iraq, upon invasion of Iraq

  Reasons for Delegated Legislation (Advantages)

  Relieves pressure on Parliamentary time

  ……

  Control of Delegated Legislation

  Power may be misused- bodies must be prevented making unsuitable DL

  General control methods

  1. Consultation

  The creators consult experts in the relevant field; for example, a SI on road traffic law may be referred to the AA. The enabling Act may make such consultation compulsory.

  2. Publication

  All DL is published, therefore is available for public scrutiny

  Parliamentary control

  Parliament, through the doctrine of parliamentary sovereignty, may revoke any piece of DL.

  Affirmative Resolution Procedure

  May require that all DL under a particular Act is approved by a motion in both Houses of Parliament, with a debate and vote.

  Must be passed within 40 days.

  Rare, and only for parent Acts of importance

  Negative Resolution Procedure

  New DL displayed in Parliament will become law unless any MP objects within 40 days.

  Parliamentary Committees

  Committees from both Houses to scrutinize Parliamentary legislation

  Scrutiny Committee: reviews SIs

  Delegated Powers Committee: watchdog for all DL

  Judicial control

  Delegated legislation may be challenged in the courts

  If a piece of DL goes beyond the powers granted to it by Parliament in the relevant statute, it can be deemed "ultra vires" and therefore void.

  A piece of DL can be challenged by anyone who believes that they have been adversely affected by it. They will apply to the High Court for Judicial Review.

  The court will ask:

  a) Did the maker of the DL exceed the powers given in the parent Act?

  Bulger case 1996

  Home Secretary Michael Howard intervenes to increase minimum sentence of 2 murderers from 8 to 15 years; this was ultra vires.

  R v Wood 1855

  Minister for Health created an SI that would force all people to clear snow off their own paths, on the pretext that it was an "unhygienic substance"

  b) Is the DL irrational or unreasonable?

  Strickland v Hayes BC

  A bylaw would prohibit obscene songs/language in any place, including in private. Held to be unreasonable.

  c) Has there been a defect in the procedure by which the DL was made?

  Aylesbury Mushroom Case 1972

  The minister did not consult the Mushroom Growers' Association when a piece of DL relating to them was made.

  Evaluation of control methods

  Consultation - adds a democratic element to the process

  Publication - available for public scrutiny

  Affirmative Resolution - again democratic, both Houses

  "Irrational/Unreasonable" - cannot make unreasonable demands

  However, control methods may not be effective:

  Air Navigation Order 1995 - had to be replaced within 3 months due to defects and errors

  Criticisms of Delegated Legislation

  Taken from Phil Harris, "An Introduction to Law"

  Takes legislation away from elected bodies

  (Except in the case of local authorities)

  Some DL causes a minister to have actual legislative power

  European Communities Act 1972- gives ministers power to make provisions which implement EU policies

  CLSA 1990- LC has power to amend/repeal laws on provision of legal services

  Sub-delegation

  Much law made by civil servants, merely rubber-stamped by ministers

  Made largely in private-lack of publicity

  Like statute, can suffer from obscure/difficult wording

  Insufficient control

  Public are frequently unaware of how to challenge it

  Air Navigation Order 1995

  Some enabling Acts give wide powers to Ministers

  Hard to prove them acting ultra vires

分享到:
相关文章 A-Level法律
推荐

智囊分享

A-level经济学专业词汇解析

提到A-level经济学,可能很多小伙伴两眼热泪吧,尤其是想到那些常用的专业词汇的时候吧,不仅难记忆,就是理解都不是那...
A-Level作为英国高中课程大概有20门的热门课程。在申请的选课这一环节中,大部分家长和学生在选择课程的时候都很迷茫。...
很多同学咨询想去英国留学,是初中毕业后直接就读A-level课程好呢?还是到高二年级就读比较好呢?下面,主页君就这个问...
  今天兆龙留学为大家分享的是已经在英国就读GCES第一年的学生如何申请英国的A-LEVEl。一起来看看吧。   1、申请时间
  A-Level中文对于中国学生来说,自然是英国顶尖大学不怎么待见的科目。如果想要上最top的英国大学,数学、物理、经...
推荐给好友


邮箱格式错误

发表成功

您的评论将在编辑审核后发表,感谢您的参与

登录继续邮箱格式错误

没有账号? 快速注册忘记密码?

其它账号登陆:

需编辑审核