Delegated Legislation | AQA A-Level Law (7162)
Delegated Legislation
- 43 questions
- 3 subtopics
- The nature of law and the English legal system, 25 marks on every paper
- Paper 1, Paper 2 and Paper 3
Statutory instruments, Orders in Council and by-laws: why Parliament delegates, and the parliamentary and judicial controls on the power it hands over..
It covers delegated Legislation and Orders in Council, parliamentary Control of Delegated Legislation and advantages and Disadvantages of Delegated Legislation.
Sample questions from Delegated Legislation
Answer each one closed book first, then open the answer.
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Delegated Legislation and Orders in Council
Give three typical uses of Orders in Council.
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Transferring powers between government departments, bringing Acts into force, and making emergency legislation under the Civil Contingencies Act 2004. -
Delegated Legislation and Orders in Council
Give two examples of matters that local authority bylaws might regulate.
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Parking restrictions and alcohol-free zones. -
Parliamentary Control of Delegated Legislation
Through what process do courts exercise judicial control over delegated legislation?
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Judicial review. -
Parliamentary Control of Delegated Legislation
If a statutory instrument imposes a tax that was not authorised by the enabling Act, what type of ultra vires would this represent?
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Substantive ultra vires, because the content exceeds the scope of powers granted. -
Advantages and Disadvantages of Delegated Legislation
How does delegated legislation save parliamentary time?
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It allows Parliament to focus on broader policy matters while technical details are handled by other bodies. -
Advantages and Disadvantages of Delegated Legislation
Why is limited parliamentary scrutiny a disadvantage of delegated legislation?
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The volume of statutory instruments means most receive little or no debate.
The 3 subtopics
One subtopic is one session. Work down the list.
| Subtopic | What it covers | Questions |
|---|---|---|
| Delegated Legislation and Orders in Council | Recall questions on what delegated legislation is, the enabling Act that permits it, and the uses of Orders in Council. | 10 |
| Parliamentary Control of Delegated Legislation | Recall questions on affirmative and negative resolution, the Scrutiny Committee and its limits, questions to ministers, judicial review for procedural and substantive ultra vires, the Wednesbury principle and the limits of judicial control. | 19 |
| Advantages and Disadvantages of Delegated Legislation | Recall questions on why delegated legislation saves time, draws on expertise, allows flexibility and meets emergencies, and on its disadvantages: weak accountability and scrutiny, sub-delegation, sheer volume and lack of publicity. | 14 |
How the guide is worked
Answering a question from memory stores it far better than reading the answer again. The guide runs that as a fixed procedure on one subtopic at a time, about twenty minutes a session.
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Step 1 · Closed book
Cover the answers. Work through one subtopic and write down what you can. Leave blanks where you have nothing.
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Step 2 · Open book
Go back to the top. Read each printed answer and write it out in full, including the ones you had right.
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Step 3 · Closed book again
Same questions, same order, from memory. The gap between pass one and pass three is the session result.
Read the full method, the return schedule and the research behind it.
Nearby topics
AQA A-Level Law Active Recall Guide
Every topic, not just this one. 2,352 questions with their answers.