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Law Revision Notes
Delegated Legislation

"Delegated Legislation, sometimes referred as Secondary
Legislation, is where an Act of Parliament is passed giving
someone other than Parliament, usually an executive authority,
and the power to implement and administer the requirements of
the Acts"

Statutory Instruments

Also referred as `Ministerial Regulations'. Drafted by…

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Cases

Foot and Mouth Crisis 2001 ­ Privy Council used the EPA 1920 to
ban the movement of livestock, to limit the spread of disease.

Consumer Protection Act 1987 ­ Extended the scope of
consumer protection Law to agricultural products, to comply
with European Directive.

By(e)Laws

This is where Parliament…

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vii) Is badly drafted.

Control by the Courts

Usually in the form of Judicial Review. Any member of Public, who
believes that a piece of Delegated Legislation goes beyond the
powers of Government, may challenge that legalisation. They
usually consist of people who may be acted `Ultra Vires', or
beyond…

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Disadvantages of Delegated Legislation

i) The major criticism of the use of Delegated Legislation
is that it is not democratic. It could be seen as
Lawmaking by people who are not elected and
therefore not directly accountable, in the way that MP's
are accountable, to the electorate. This is not…

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