Advantages and Disadvantages of Delegated Legislation (OCR A-Level Law): Flashcards
📚Flashcards
Practise the cards
10 cards from this deck
ShowHide
Practise the cards
10 cards from this deck
Delegated legislation
Delegated legislation
Secondary legislation where Parliament grants law-making powers
SIs made per year
SIs made per year
Over 3,000
Parent Act
Parent Act
Primary legislation that delegates powers to fill in details
Example of parent Act delegating powers
Example of parent Act delegating powers
Police and Criminal Evidence Act 1984
Ultra vires doctrine
Ultra vires doctrine
Allows judges to declare delegated legislation void
Democratic deficit in delegated legislation
Democratic deficit in delegated legislation
Laws made by unelected officials not accountable to voters
Sub-delegation
Sub-delegation
Bodies pass delegated law-making work to someone else
How delegated legislation erodes parl. sovereignty
How delegated legislation erodes parl. sovereignty
Judges can void it via ultra vires, challenging supremacy
Legal principle: knowledge of delegated legislation
Legal principle: knowledge of delegated legislation
Ignorance of the law is no defence
House of Lords on escalating delegated powers
House of Lords on escalating delegated powers
Constitutionally objectionable