Summary Public Law LL106 - Delegated Legislation

Public Law (LL106) - Delegated Legislation

Contents
1. The basics of Multilevel governance
1.1. Different levels of the British state
1.2. Differences between Federalism and Devolution
2. Different types of legislation
2.1. Primary
2.2. Secondary
2.3. Statutory Instruments
2.4. How do we know whether a particular statutory provision is in force?
3. Differences between primary and secondary legislation
3.1. Method 1 - Source based
3.2. Method 2 - Rule of Recognition
3.3. Method 3 - Relationships
4. Does the status of legislation (primary vs secondary) actually matter?
4.1. Reasons as to why the status of legislation doesn’t matter
4.2. Reasons as to why the status of legislation does matter
5. Benefits and drawbacks of delegated legislation
5.1. Benefits
5.2. Drawbacks
6. Does the Scottish Parliament produce primary legislation?
6.1. It produces primary legislation
6.2. It produces secondary legislation
7. Can Henry VIII clauses be justified?
8. Parliament’s role in passing legislation
9. Case Studies - can Parliament adequately control the executive?
9.1. The Legislative and Regulatory Reform Act 2006
9.2. The Public Bodies Bill 2010