delegated legislation

    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
    • what are the 3 types of delegated legislation?
      orders in council
      by law
      statutory instruments
    • 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
    • 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
    • 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.
    • what are the 2 types of controls on de
      controls by parliament, controls by court
    • what are the 3 controls by parliament?
      enabling act, resolution procedures and scrutiny committee
    • what is meant by enabling act?
      sets out limits of which any delegated legislation can be made
    • what is meant by resolution procedures?
      theres two types of resolution, affirmative and negative
    • what is meant by affirmative resolution?
      the statutory instrument wont become a law unless specifically approved by parliament
    • what is meant by negative?
      if proposed law isnt rejected within 40 days it will be law
    • what is meant by scrutiny committee?
      watch over the delegated body and report back to parliament if they see ultra vires
    • what are the 3 controls by court?
      substantive ultra vires

      procedural ultra vires

      unreasonable ultra vires
    • what is meant by substantive ultra vires?
      secondary body goes beyond powers given to it
    • what is meant by procedural ultra vires?
      hasnt followed the correct procedures
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