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Delegated Legislation - Coggle Diagram
Delegated Legislation
Reasons for Delegated Legislation
Saves Parliament time
Geographical expertise
Technical expertise
Emergencies
Types of Delegated Legislation
Orders in Council
Made by the Privy Council
Declaring war, proroguing parliament etc.
Statutory instruments
Made by government ministers
Health Protection Regulations 2020
Bylaws
Made by local authorities or specific organisations
e.g. locals laws about litter
Controls
Parliamentary
Pre-drafting consulation
Scrutiny Committee
Affirmative resolutions
Negative resolutions
Questioning
Super-affirmative resolution
Judicial
Judicial review and locus standi
Ultra vires
procedural
The Mushroom Case
substantive
R v Home Secretary, ex parte FIre Brigades Union (1995)
Unreasonableness
Wednesbury principle
Evaluation
Advantages
Time saving
Speed in an emergency
Expertise/ local knowlege
Flexibility
Controls
Disadvantages
Undemocratic
Risk of sub-delegation
Large volume
Difficult to understand