Chapter 2: Delegated Legislation

Self-Assessment Test (to be completed in 60 minutes)

DEFINITIONS

Please explain the meaning of the following terms, providing examples wherever appropriate.

1) Government Ministers

2) Emergency Powers Act 1920

3) Ultra Vires

4) The Joint Committee on Statutory Instruments

5) Enabling Act

6) Judicial Review

7) Statutory Instruments Act 1946

8) Sub-delegation

9) Commencement Orders

10) Henry VIII clause

DIFFERENCES

11) Distinguish the forms of parliamentary control referred to as affirmative resolution and negative resolution.

12) Why are Byelaws different to delegated legislation made by Ministers?

LISTS

13) List two grounds of judicial review that can be argued in relation to delegated legislation. (2)

14) List three reasons that may given for making delegated legislation rather than primary legislation. (3)

15) List four examples of pieces of delegated legislation that you have considered during your studies. (4)

16) List three cases that illustrate judicial controls over pieces of delegated legislation. (3)

17) List three positive features of the ‘affirmative resolution’ procedure in relation to controlling delegated legislation. (3)

MISCELLANEOUS

18) The argument could be made that delegated legislation is fundamentally undemocratic. Provide, and briefly discuss, three disadvantages associated with delegated legislation. (6)

19) Describe the facts of the Aylesbury Mushroom case. What does this case illustrate about delegated legislation and its exercise by authorities? (4)

20) Identify the three main types of delegated legislation in the English legal system and explain who makes them. (6)

21) Explain the significance of the Enabling Act as a parliamentary control on delegated legislation.(4)