Active learning ideas
Delegated legislation allows Parliament to outsource the creation of detailed rules to other bodies, such as government ministers, local authorities, and public corporations. This topic explores the three main types: Orders in Council, Statutory Instruments, and Bylaws. Students examine why this delegation is necessary, citing reasons like lack of parliamentary time, the need for technical expertise, and the ability to respond quickly to emergencies.
Activity 01
Set up three stations with examples of an Order in Council, a Statutory Instrument, and a local Bylaw. Students must identify who made the law, what authority they used, and why Parliament didn't make it themselves.
What are the three main types of delegated legislation?
Activity 02
Provide a scenario where a local council has created a bylaw that seems to exceed its powers. Students act as judges and lawyers to argue whether the law is 'substantive' or 'procedural' ultra vires based on a fictional parent Act.
Why does Parliament delegate its law-making power?
Activity 03
Give students a list of complex areas (e.g., air traffic control, pandemic restrictions). They must discuss in pairs why an MP might not be the best person to write the specific rules for these areas and share their conclusions.
How effective are judicial controls over delegated legislation?
A few notes on teaching this unit
Watch Out for These Misconceptions
Delegated legislation is less 'legal' than an Act of Parliament.
Delegated legislation has the same legal force as an Act, provided it is made within the powers of the parent Act. A 'validity check' activity helps students see that the source of the power is Parliament itself.
Parliament checks every single piece of delegated legislation thoroughly.
Due to the sheer volume (thousands per year), many are passed without active debate via the negative resolution procedure. Discussing the 'scrutiny gap' helps students evaluate the effectiveness of parliamentary controls.
Methods used in this brief
Parliamentary Law Making
Students investigate the legislative process in Parliament, including the influences on Parliament and the stages of a Bill.
8 methodologies
Statutory Interpretation
A review of the rules, aids, and presumptions used by judges to interpret statutes. Students will apply the literal, golden, and mischief rules to legal scenarios.
8 methodologies
Judicial Precedent
An exploration of the doctrine of judicial precedent (stare decisis), the hierarchy of the courts in precedent, and how judges can avoid following past decisions.
8 methodologies