delegated legislation

• Delegated legislation

  A type of legislation that is not created directly by parliament but by individuals or bodies to whom parliament has delegated law-making powers
• Primary legislation

  Legislation created by parliament, such as acts of parliament or statutes
• Legislation


  Anything that is written law
• Common law


  Case law or judge-made law
• Statutes


  Written laws that are enacted by a legislative body
• Types of statutes

  • Public statutes
  • Private statutes
• Secondary legislation


  Derived from primary legislation that allows individuals to make additional laws
• Orders in council

  • Used in cases of emergency, like the Dangerous Dogs Act
• Coronavirus Act was enacted

  2020
• Statutory instruments

  • Stems from primary legislation and allows a particular group to make legislation, e.g., the Dangerous Dogs Act
• Disadvantages of secondary legislation include the potential for exploitation of power, lack of peer review, and absence of debates and parliamentary scrutiny
• Controls to creating secondary legislation

  • Parliamentary controls
  • Consultation with parties
  • Various committees
  • Resolution procedure
• Resolution procedure

  Required for statutory instruments to become law
• Types of resolution procedures

  • Affirmative
  • Super affirmative
  • Negative
• Negative resolution procedure

  Statutory instruments become law automatically unless rejected by parliament within 40 days
• Judicial controls

  Include judicial review where the court can declare secondary legislation void if it believes there has been an abuse of power
• By-laws are also a form of legislation