Delegated legislation

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  • Created by: Chloe
  • Created on: 18-04-15 21:24
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  • Delegated legislation
    • Orders in council
      • Laws made by queen and privy council, which are enforceable in courts.
        • Transferring responsibilities between government departments.
        • Bringing an act of parliament into force.
        • Dealing with foreign affairs.
          • Afghanistan (United Nations Sanctions) Order 2001.
        • In times of national emergency.
    • By-laws
      • Made by local authorities and public bodies, they are enforceable in the courts.
        • Dogs (Fouling of Land) Act 1996.
        • Local Government Act 1972.
    • Statutory instruments
      • Laws made by government ministers within their area of responsibility, they are enforceable in the courts.
        • Update law.
        • National Minimum Wage Act 1998.
    • Parent (Enabling Act).
      • Original act passed by parliament which enables another person or body to make law.
    • Control of delegated legislation
      • Judiciary controls
        • Procedural ultra vires.
          • Aylesbury Mushroom Case 1972.
        • Substantive ultra vires.
          • Strickland v Hayes BC.
      • Parliamentary controls
        • Through limits set out in Parent (Enabling) Act.
        • MP's on the Joint Select Committee on Statutory Instruments.
        • Affirmative resolution.
          • Human Rights Act 1998.
    • Disadvantages
      • Partly undemocratic.
      • Lack of publicity.
      • No effective control.

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