Delegated Legislation | OCR A-Level Law (H418)
Delegated Legislation
- 55 questions
- 3 subtopics
- Component 2: Law making and the law of tort
- Component 2
Law made by bodies other than Parliament under powers Parliament has granted, and the controls on it..
It covers types of delegated legislation, parliamentary and judicial 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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Types of delegated legislation
What are Henry VIII powers?
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Clauses in a Parent Act that allow ministers to amend or repeal provisions of primary legislation through delegated legislation. -
Types of delegated legislation
Which Act allows Orders in Council to be made in emergency situations?
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The Civil Contingencies Act 2004. -
Parliamentary and judicial control of delegated legislation
What is procedural ultra vires?
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When delegated legislation is made without following the correct procedure required by the Parent Act. -
Parliamentary and judicial control of delegated legislation
How can courts control delegated legislation through judicial review?
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By declaring it ultra vires if it exceeds the powers granted by the parent Act. -
Advantages and disadvantages of delegated legislation
Why does Parliament delegate power to make detailed rules?
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Parliament lacks the time to debate every detail of law, so technical details are delegated. -
Advantages and disadvantages of delegated legislation
Why can delegated legislation be made more quickly than Acts of Parliament?
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It does not need to go through the full parliamentary process.
The 3 subtopics
One subtopic is one session. Work down the list.
| Subtopic | What it covers | Questions |
|---|---|---|
| Types of delegated legislation | Recall questions on what delegated legislation is and on Statutory Instruments, by-laws, Orders in Council, Legislative Reform Orders and Henry VIII powers, including their use for the coronavirus regulations. | 9 |
| Parliamentary and judicial control of delegated legislation | Recall questions on control through the enabling Act, the affirmative and negative resolution procedures and scrutiny committees, on judicial review for procedural and substantive ultra vires and Wednesbury unreasonableness, with Aylesbury Mushrooms and the Fire Brigades Union case, and on how effective each control is. | 34 |
| Advantages and disadvantages of delegated legislation | Recall questions on why Parliament delegates law making, the advantages of speed, flexibility, expertise, local knowledge and saving parliamentary time, and the disadvantages of limited scrutiny, weak democratic accountability, volume and lack of publicity. | 12 |
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
OCR A-Level Law Active Recall Guide
Every topic, not just this one. 1,624 questions with their answers.