Delegated legislation
- 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.
- Laws made by queen and privy council, which are enforceable in courts.
- 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.
- Made by local authorities and public bodies, they are enforceable in the courts.
- 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.
- Laws made by government ministers within their area of responsibility, they are enforceable in the courts.
- 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.
- Procedural ultra vires.
- 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.
- Judiciary controls
- Disadvantages
- Partly undemocratic.
- Lack of publicity.
- No effective control.
- Orders in council
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