AQA A Level Law - Model answer on Delegated Legislation

This is a “model answer”, written by an experienced Law Examiner to a common question on Delegated Legislation.

It is 2-pages long and will take up approximately 60 minutes of teaching time, including a discussion of the answer.

Here is a brief summary of the document titled “Model Answer - Delegated Legislation”:

The document provides a model answer for an AQA A Level Law question on delegated legislation. It covers three main areas:

• Types of Delegated Legislation: The document describes two types of delegated legislation: Statutory Instruments and Orders in Council. Statutory Instruments are rules and regulations made by government ministers, while Orders in Council are made by the Queen and the Privy Council, allowing ministers to make laws without going through Parliament.
• Judicial Controls: It explains how judicial control of delegated legislation occurs through Judicial Review. Delegated legislation can be challenged in courts if it is ‘ultra vires’ (beyond the powers granted). Examples include cases like R v Home Secretary ex parte Fire Brigades Union and Strickland v Hayes Borough Council.
• Advantages of Delegated Legislation: The document discusses several advantages, such as saving parliamentary time, allowing for technical expertise, enabling consultation with experts, quick law-making, and ease of amendment.