Anewtopic...Anewchallenge
What’swrongwiththispicture?
The purpose of today’s
lesson is to be able to
explain how this picture
relates to the topic, and
helps to control law.
The next topic:
Delegated Legislation
Definition: This is where the power to make laws for a specific
purpose is delegated...
So what do we need to give away this
power?
We need a primary act of legislation, known as parent or enabling Act
Applying...
Can you think of an
example we’ve
already met on the
AS Level?
There are three types of DL*
A law covering a specific
area...
What’s the word?
By-Law
Parent Act Order in Council
Challenge: Too easy? Which is the odd one out and why?
Y
Statutory Ins...
Student Task:
Each table has a pack of information.
Using the information, can you complete p.3, to
explain, illustrate an...
Alittlemoreinformation...
ByLaws
Example One:
Example Two:
Local Government Act 1972
Example Three:
Boddington v British
T...
Example One:
R (Bancoult) v Secretary of State
for Foreign and Commonwealth
Affairs (2006)
Student Task:
At the back of yo...
Err...
Just one last
word on
Chagos...
Secondary or Primary?
You are going to see 9 statements.
Which type of legislation do they refer to?
Careful: you only hav...
Timetable Tweak
12C
From Thursday Week A p.6
to Friday Week B p.2
12B
From Tuesday Week A p.4 to
Monday Week B p.3
StatutoryInstruments(SIs)
Example One:
Dangerous Dogs Act 1991
Example Two:
PACE 1984
Example Three:
Higher Education Act ...
A final type of delegated legislation... The destruction of democracy:
Legislative and Regulatory Reform Act 2006
So what ...
An example:
I have a pet tiger!
Under the Dangerous Wild
Animals Act 1976, I need a licence
to have one and furthermore I ...
Applying your knowledge
Source:
Delegated legislation is the description
given to the vast body of orders in
council, stat...
Self-Mark
i ii iii
Level Four
5
Credit reference to any
relevant case or a link to
the source.
Credit reference to any
rel...
WhydoweneedDL?
Well, it lets them add technical
detail, e.g. the level of fine, without
having to pass a new act each time...
Plenary:
How well have you understood?
Discuss one problem with delegated legislation
Explain one reason we might need del...
So, can you explain how this
picture relates to the topic,
and helps to control law?
Who or what am I?
Below there are five descriptions which will appear. As soon as you recognise who or
what is being descr...
What controls are there in this section of the
Dangerous Dogs Act 1991?
What are the limits on his powers?
Who else must...
ControlsonDL
Consultation Publication
“General”
Parliamentary Controls
Ask a Question!
Affirmative Resolution
Negative Resolution
Scrutiny Committees
in HL
The Parent Act...
What’s the word?
By-Law
Parent Act Order in Council
Challenge: Too easy? Which is the odd one out and why?
Y
Statutory Ins...
Judicial Controls:
Judicial Review
This is where someone who is directly affected by the law challenges its legality in
th...
There are two(ish) types of
Judicial Review
Procedural
Don’t follow the rules
Aylesbury Mushrooms
Substantive
Try to do so...
... and Wedensbury unreasonableness
Associated Picture House v Wednesbury Corporation 1948
The local council banned all ch...
Starter:
Each of the following illustrates a case or phrase
associated with DL... What are they?
1 2 3
4
5
6
7
8
9
10
Recapping those Controls.
On the cards, you have 12 controls
.
1. Match them to their description
2. Sort them into the th...
Are the controls really effective at
controlling anything?
Example:
Publication
Need some more guidance?
Can you start by...
But did you
really get it?!
You all seem a little unclear on
one of the areas, so let’s look at
all of them!
Using your no...
Dominoes:
Can you make the triangles happy?
Create the big triangle by matching the questions and answers on the little tr...
Developing your AO2
Disadvantages of DL
Volume
Sub-delegation
Difficult to
Understand
Scrutiny
Democratic
Accountability
Y...
Plenary:
How well have you understood?
Discuss one problem with delegated legislation
Explain one reason we might need del...
Finally:
How ‘rich’ is your knowledge of the last two units?
End of Unit
Test: Ci
This time, we’re going to do it a bit
differently. We are going to complete the
sections of the paper...
Intro:
Main Area/ Point/
Subheading
Means? Description of each Example(s) or
origin(s)
Other information
Conclusion
Descri...
Now Write it!
15 minutes
Chocolate Easter Egg (Selling and Manufacture) Act 2012
This is an Act to provide for the regulation of the selling of cho...
Can you tell the bad from the good?
Divide them into advantages and disadvantages of DL
End of Unit
Test: Cii
This is the difficult one!
With reference to sources A and B
and using your knowledge of
delegated l...
Introduction
Main Point Because Illustration/ And However... because LTS
Fast
It allows a quick
response to new threats
or...
Now Write it!
15 minutes
Decision Why/because And… AORP
Decision Why/because And… AORP
Decision Why/because And… AORP
Using Source B, explain the l...
Quick Pause and recap…
What’s the link?
How a Bill becomes an Act
(but more of that later….)
Intro:
Main Area/ Point/
Subheading
Means Example or origin Explanation
Pre-Parliamentary
Stages
First House
Other Place
R...
So, what makes a
good answer?
Here’s an answer from a student in the past:
Parliament writes a Bill which becomes an Act.
...
Quick Self-Evaluation
Complete the short form in front of you, and stick it on the back of your answer.
For each question,...
Plenary
How confident are you?
The types of bill
How a Bill becomes an Act
What delegated legislation is
The three types o...
Upcoming SlideShare
Loading in …5
×

Dl 2012 13

1,404 views

Published on

Published in: News & Politics
0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total views
1,404
On SlideShare
0
From Embeds
0
Number of Embeds
667
Actions
Shares
0
Downloads
2
Comments
0
Likes
0
Embeds 0
No embeds

No notes for slide
  • Answers:
    Consultation
    High court (judicial Review)
    Super Affirmative
    Negative Resolution
    Jennings
    Ann Summers
    Strictland
    Aylesbury Mushrooms
    By Laws
    Misuse of Drugs Act
  • Dl 2012 13

    1. 1. Anewtopic...Anewchallenge What’swrongwiththispicture?
    2. 2. The purpose of today’s lesson is to be able to explain how this picture relates to the topic, and helps to control law.
    3. 3. The next topic: Delegated Legislation Definition: This is where the power to make laws for a specific purpose is delegated to a body other than Parliament. It is also known as secondary legislation. ...so what does that mean primary legislation is? ...why might it be important to know whether legislation is primary or secondary? Develop your understanding Why do we need a second form of legislation? ...Dunstable wants to make the whole town one way, as people keep getting knocked down. ... The group Dunstable or Die are threatening to destroy all competing towns, and the Home Secretary wants to ban membership to stop them.
    4. 4. So what do we need to give away this power? We need a primary act of legislation, known as parent or enabling Act Applying your understanding: Each of the Acts is an example of a Parent Act. Can you guess: 1. Who is gives the power to. 2. What that power is. Criminal Justice and Police Act 2001 Example: Dangerous Dogs Act 1991 gives powers to the Home Secretary to add new breeds to the Dangerous Dogs list. Misuse of Drugs Act 1971 PACE 1984
    5. 5. Can you think of an example we’ve already met on the AS Level? There are three types of DL* A law covering a specific area, or ex-nationalised companies. By Law *well, there’s actually a fourth to come later! A rule or regulation put forward by the relevant minister Statutory InstrumentA law passed in emergency, or under the Queen’s old powers (‘perogative’) Orders in Council
    6. 6. What’s the word? By-Law Parent Act Order in Council Challenge: Too easy? Which is the odd one out and why? Y Statutory Instrument
    7. 7. Student Task: Each table has a pack of information. Using the information, can you complete p.3, to explain, illustrate and evaluate the three types of delegated legislation we will look at? Applying and extending your knowledge Hint: You will find two examples of each. ... Oh, and don’t be taken in by all the headings! Who does this give power to create law to? E Where do they get the power from? (This means the Parent Act) D What powers are they given? Give some specific examples C What controls (if any) can you spot on the passing of this DL? B Why do you think that the body was given the powers rather than Parliament generally? A
    8. 8. Alittlemoreinformation... ByLaws Example One: Example Two: Local Government Act 1972 Example Three: Boddington v British Transport Police 1998 How do they become law? How do we let people know that they apply? How do we stop Dunstable Town Council from making all 16 year olds wear onesies?
    9. 9. Example One: R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (2006) Student Task: At the back of your handout, you will find a copy of this article. Read it and answer the following questions: What were the facts of the situation? Which court handed down the verdict? When will the judgment come into effect? What problems with Orders in Council can you spot? What powers does the court have? Orders in Council Example Two: Emergency Powers Act 1920 European Communities Act 1972 These give power to: Example Three: Misuse of Drugs Act 1971 s.2
    10. 10. Err... Just one last word on Chagos...
    11. 11. Secondary or Primary? You are going to see 9 statements. Which type of legislation do they refer to? Careful: you only have 10 seconds per statement!* *Lollipops require excellence! Can be over 3000 a year! Are proposed by a minister Can be amended by Parliament before becoming law Involves lamposts Can be created by a minister Can become law even when Parliament isn’t there Can be challenged in the court Controls the powers. Can have lots of babies!
    12. 12. Timetable Tweak 12C From Thursday Week A p.6 to Friday Week B p.2 12B From Tuesday Week A p.4 to Monday Week B p.3
    13. 13. StatutoryInstruments(SIs) Example One: Dangerous Dogs Act 1991 Example Two: PACE 1984 Example Three: Higher Education Act 2004 s. 24 & 47 These give powers to individual minister to make certain rules or regulations within their areas. How do they become law? How do we make sure that the minister doesn’t just do what he wants? affirmative negative What’s Parliament’s input into this?
    14. 14. A final type of delegated legislation... The destruction of democracy: Legislative and Regulatory Reform Act 2006 So what does the Act do? This allows a minister to ‘read in’ delegated to powers into any act of Parliament even if they were not there to start with. Limitations: They can only be ‘read in’ if they would reduce a burden They must be passed using the super-affirmative resolution The minister must consult affected parties Student evaluation: Is the introduction of these new powers justified? Why might some people call this the end of democracy? What steps has the government taken to provide controls? Are they sufficient?
    15. 15. An example: I have a pet tiger! Under the Dangerous Wild Animals Act 1976, I need a licence to have one and furthermore I must be inspected again if I lose my licence and need a new one, or if I want to get a second pet tiger Minister for the Environment thinks that is too much, but has no delegated powers under the act to change this As he wants to remove inspections, he says that this is removing a burden and so issues an LRO, reading in powers to the earlier Act Parliament decides that the LRO should be passed using the superaffirmative procedure, rather than the affirmative 60 days, and 2 votes later…It’s Law!
    16. 16. Applying your knowledge Source: Delegated legislation is the description given to the vast body of orders in council, statutory instruments and bylaws created by subordinate bodies under specific powers delegated to those bodies by Parliament. The need for delegated legislation is that it enables regulations to be made and altered quickly. The powers delegated are frequently defined in the widest terms. An example is the Human Rights Act which empowers a minister to make such amendments to legislation, or subordinate legislation, as he considers appropriate in order to remove incompatibility with the European Convention on Human Rights. Adapted from 'Walker & Walker's English Legal System', R. Ward 8th Edition, Butterworths. b) Identify and explain the most suitable type of delegated legislation to implement law in the following situations: (i) To implement a European Union Directive quickly when Parliament is not sitting. [5] (ii) To allow a government department to issue regulations on education. [5] (iii) For a train company (a public corporation) to implement a ban on the use of mobile phones by passengers. [5] 15 5 10 Decision Because Illustration , example AORP
    17. 17. Self-Mark i ii iii Level Four 5 Credit reference to any relevant case or a link to the source. Credit reference to any relevant case or a link to the source Credit reference to any relevant case or a link to the source. Level Three 4 Level Two 3 Explain the power was given via the European Communities Act Explain that government ministers introduce particular regulations under powers delegated to them by Parliament in enabling legislation Bylaws can be made by local authorities or public corporations. Level One 1-2 recognise the most suitable type would be an Order in Council. recognise the most suitable type would be Statutory Instruments recognise the most suitable type would be Bylaws
    18. 18. WhydoweneedDL? Well, it lets them add technical detail, e.g. the level of fine, without having to pass a new act each time They can also use them flesh out the law in more detail, because Parliament is not quite bright enough, or expert enough, to describe it accurately e.g. pension calculations Finally, they can use this method to update the law more easily e.g. changing the classification of Cannabis They can use the expertise of people who know better than them! E.g. computer regulations, environmental standards, local councils. It is more flexible than primary statutes. It can be altered to suit changing circumstances It is quick to bring in, which means that emergencies can be responded to quickly Prevents Parliamentary timetable from being overloaded by allowing them to focus on the big picture e.g. the aims and scope of the Act, rather than the minute detail. It allows for further consultation with affected parties 1. Go back through and add an explanation or example to at least four reasons 2. Discuss some of the problems associated with delegated legislation. All of you must identify three problems. Most of you will be able to explain why they are problems Some of you will be able to discuss why they are not too terrible a problem through the introduction of a counter argument. Student Tasks:
    19. 19. Plenary: How well have you understood? Discuss one problem with delegated legislation Explain one reason we might need delegated legislation Describe what is meant by a legislative reform order Explain what is meant by a parent act Identify the three types of delegated legislation A B C D E
    20. 20. So, can you explain how this picture relates to the topic, and helps to control law?
    21. 21. Who or what am I? Below there are five descriptions which will appear. As soon as you recognise who or what is being described... Put it on your whiteboard! (the earlier... The more points ) 1. I am more common than you think 2. I claim to work for the Queen 3. I am great at moving people 4. I’m a good contact in an Emergency 5. I can also bother about substances. 1. I am very powerful. 2. I control delegated legislation 3. I am not married but have lots of children. 4. I am much, much slower than my children 5. I decide who has the power and what they have the power to do 1. I am very common. 2. I am made by many different organisations. 3. I apply to specific places or areas 4. I am often published on lamposts 5. I am in the Local Government Act 1972 1. I am very common. 2. I am made by many different people but they must have a specific responsibility for me. 3. I am also known as a regulation 4. I am in the Dangerous Dogs Act 5. There are over 3000 a year. 1. I am more European than I sound. 2. I can tell you what drugs are what 3. I like working when others aren’t around 4. I’m useful if your feet and mouths are bothering you 5. I’m made up of many ministers.
    22. 22. What controls are there in this section of the Dangerous Dogs Act 1991? What are the limits on his powers? Who else must they consult? What is the role of Parliament in creating the SI? How effective do you think these controls are?
    23. 23. ControlsonDL Consultation Publication “General”
    24. 24. Parliamentary Controls Ask a Question! Affirmative Resolution Negative Resolution Scrutiny Committees in HL The Parent Act itself Approval for By laws Revocation or further legislation
    25. 25. What’s the word? By-Law Parent Act Order in Council Challenge: Too easy? Which is the odd one out and why? Y Statutory Instrument
    26. 26. Judicial Controls: Judicial Review This is where someone who is directly affected by the law challenges its legality in the courts. Unlike Primary legislation, the courts can set aside DL if they wish. What is it? To bring a judicial review, you must have locus standii. Gillick v West Norfolk AHA (1986) Why did Mrs Gillick have standing? Would she have had standing if she had only sons? Who can bring it?
    27. 27. There are two(ish) types of Judicial Review Procedural Don’t follow the rules Aylesbury Mushrooms Substantive Try to do something you don’t have the power to do! Secretary of State for Education (ex parte NUT) R v Jobcentre Plus (ex parte Ann Summers) 2003* *IS task for this week
    28. 28. ... and Wedensbury unreasonableness Associated Picture House v Wednesbury Corporation 1948 The local council banned all children under fourteen from going to the cinema on Sundays. The Sunday Entertainment Act 1932, allowed local councils to pass by-laws controlling public entertainment venues. The cinema sought judicial review saying that the council had gone beyond it’s powers in passing the by-law. 1. Parent Act? 2. Type of DL? 3. Who did it give power to? 4. What did they do with this power? 5. Why was it not substantive or procedural? 6. What was the outcome? Student task: Read the summary of the case and complete the task below
    29. 29. Starter: Each of the following illustrates a case or phrase associated with DL... What are they? 1 2 3 4 5 6 7 8 9 10
    30. 30. Recapping those Controls. On the cards, you have 12 controls . 1. Match them to their description 2. Sort them into the three types of control. Hint: these are not right! Joint Committee House of Lords committee who look at delegated powers in a proposed bill
    31. 31. Are the controls really effective at controlling anything? Example: Publication Need some more guidance? Can you start by explaining why it is effective?  Can you expand on your point? Explain how an example supports your argument, or give another reason Can you counter that argument? Why might it not be so effective? Can you support and explain your counter argument? Think about it as two bullet points per box Exam tip: try to include something from each set of controls!
    32. 32. But did you really get it?! You all seem a little unclear on one of the areas, so let’s look at all of them! Using your notes and understanding, complete the revision sheet to give you an overview of the topic!
    33. 33. Dominoes: Can you make the triangles happy? Create the big triangle by matching the questions and answers on the little triangles in front of you!
    34. 34. Developing your AO2 Disadvantages of DL Volume Sub-delegation Difficult to Understand Scrutiny Democratic Accountability You will need to be able to explain why and illustrate each of them Finally... If you are going for TOP marks Why might they not be as big an disadvantage as they appear?
    35. 35. Plenary: How well have you understood? Discuss one problem with delegated legislation Explain one reason we might need delegated legislation Describe what is meant by a legislative reform order Explain what is meant by a parent act Identify the three types of delegated legislation A B C D E
    36. 36. Finally: How ‘rich’ is your knowledge of the last two units?
    37. 37. End of Unit Test: Ci This time, we’re going to do it a bit differently. We are going to complete the sections of the paper, as they are taught! With reference to sources A and B and using your knowledge of delegated legislation: Describe the three different types of delegated legislation. 12 Basics: AO? What does this mean your answer should include? What will you include? What help is there in the source(s)?
    38. 38. Intro: Main Area/ Point/ Subheading Means? Description of each Example(s) or origin(s) Other information Conclusion Describe the three different types of delegated legislation [15] Hint One: It might be one box... But it’s going to need more than one point! Hint Two: Examples need to be more than a statement! Hint Three: You must include at least one LTS
    39. 39. Now Write it! 15 minutes
    40. 40. Chocolate Easter Egg (Selling and Manufacture) Act 2012 This is an Act to provide for the regulation of the selling of chocolate Easter eggs during the winter months and limit the manufacture and selling of such products until the Spring. On your sheet you have a number of tasks based on this Act. All of them are intended to check your understanding of Delegated Legislation. Applying your knowledge
    41. 41. Can you tell the bad from the good? Divide them into advantages and disadvantages of DL
    42. 42. End of Unit Test: Cii This is the difficult one! With reference to sources A and B and using your knowledge of delegated legislation: Discuss the disadvantages and advantages of delegated legislation. Basics: AO? What does this mean your answer should include? What will you include? What help is there in the source(s)?
    43. 43. Introduction Main Point Because Illustration/ And However... because LTS Fast It allows a quick response to new threats or emergencies and so protect the public more effectively. Terrorism Act 2000 (allows new terrorist groups to be added) Emergency Powers Act 1920 which... It does not allow for scrutiny of the decision and can be undemocratic because... Conclusion Discuss the advantages and disadvantages of delegated legislation
    44. 44. Now Write it! 15 minutes
    45. 45. Decision Why/because And… AORP Decision Why/because And… AORP Decision Why/because And… AORP Using Source B, explain the lawfulness of each of these interviews, which was conducted at a police station, but was done without taping. On the 1st November 1991 Gemma was arrested for a summary offence and interviewed. Carl was suspected of an indictable offence and was interviewed on the 1st November 2000 Hank was detained under s.14(1)(a) of the prevention of Terrorism (Temporary Provisions) Act 1989 and was interviewed in March 2000
    46. 46. Quick Pause and recap… What’s the link? How a Bill becomes an Act (but more of that later….)
    47. 47. Intro: Main Area/ Point/ Subheading Means Example or origin Explanation Pre-Parliamentary Stages First House Other Place Royal Assent (Parliament Act 1949 restrictions) Conclusion Describe how an Act of Parliament is made with reference to source A and your own knowledge
    48. 48. So, what makes a good answer? Here’s an answer from a student in the past: Parliament writes a Bill which becomes an Act. Before it’s a bill, it starts as a green paper and then a whitepaper. When the bill goes to Parliament, it gets it’s first reading where the minister stands up and reads out the bill. If it is successful, then it moves on to the second reading where there’s a debate. At this point it then goes to the committee who look at the bill and report back and there is one final debate in the third reading before it goes to the House of Lords In the House of Lords, it goes through all the same stages. Only budgets can’t start here. It then goes to the Queen to sign, or as the source calls it, royal assent, before it becomes law on the date of commencement. The process is a long one and can involve lots of ping ponging between the two houses. Good Things in the Answer Failures in the Answer Other things that should have been mentioned Which of the following descriptions do you think fits the answer? “linking to the source, accurate reference to each stage with good supporting detail and mention the pre-legislative stages” “most or all the stages are present with some explanation” “some stages and some explanation” “a bare list, with no more that a couple of points explained”
    49. 49. Quick Self-Evaluation Complete the short form in front of you, and stick it on the back of your answer. For each question, pick the level you think you have achieved Qu. A Qu.B Qu.Ci Qu.Cii Level 4 linking to the source, accurate reference to each stage with good supporting detail and mention the pre- legislative stages Identifies the critical point (whether lawful), two other relevant factors and explanation & LTS Covers all three types and links to the source. Good level of description Four well developed points, covering both sides and linking to the source Level 3 most or all the stages are present with some explanation Identifies the critical point, one other relevant factor, explanation & LTS Covers all three types, with an adequate level of description. Three well developed points and some kind of two sided discussion – at least one mention of each. Level 2 some stages and some explanation Identifies the critical point and explains why Either covers all three, but with limited description or covers one or two with adequate description Either two well developed points, or a range of limited points. May be only focused on one side Level 1 a bare list, with no more than a couple of points explained” Tries to identify the critical point. Either very limited description of all three, or only describes one. A list, which may have some development in places.
    50. 50. Plenary How confident are you? The types of bill How a Bill becomes an Act What delegated legislation is The three types of DL Why we need DL The general controls of DL The Parliamentary controls of DL The judicial controls of DL The changes under the Legislative and Regulatory Reform Act 2006 I know what this is. I can describe this I can evaluate or discuss this Any areas you have put nothing for... Were you missing? Did you ask? Have you researched?

    ×