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law making
delegated legislation
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Zayan Miah
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Cards (15)
what is delegated legislation?
parliament passes law making power to some other person or body,
the
parent act
/
enabling act
gives the authority to pass down the power
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what are the 3 types of delegated legislation?
orders in council
by law
statutory instruments
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what does it mean by by laws?
made by local councils or public corporations, under the
local gov act 1982
only needed to affect people in that area, not the whole country
eg
parking restrictions
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what is meant by orders in council?
made by the monarch and privy council, under
emergency powers act 1920
if the country is in a state of emergency eg pandemic war or terrorism
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what is meant by statutory instrument?
covered under
access to justice act 1999
made by
gov ministers
each department deals with a different area of policy, theyre often
specialists
in their field
some are short, covering one point, some are long with detailed regulations that are too complex for an Act of Parliament.
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what are the 2 types of controls on de
controls by parliament, controls by
court
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what are the 3 controls by parliament?
enabling act
,
resolution procedures
and scrutiny committee
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what is meant by enabling act?
sets out limits of which any
delegated legislation
can be made
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what is meant by resolution procedures?
theres two types of resolution,
affirmative
and
negative
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what is meant by affirmative resolution?
the
statutory instrument
wont become a law unless specifically approved by
parliament
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what is meant by negative?
if proposed law isnt rejected within
40
days it will be law
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what is meant by scrutiny committee?
watch over the delegated body and report back to parliament if they see
ultra vires
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what are the 3 controls by court?
substantive ultra vires
procedural ultra vires
unreasonable ultra vires
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what is meant by substantive ultra vires?
secondary body
goes beyond powers given to it
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what is meant by procedural ultra vires?
hasnt followed the
correct
procedures
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