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Exemplar Answers Booklet

Caveat doctor: some of these answers are longer than can be produced in exam
conditions.

Delegated Legislation

Using examples, describe and illustrate different forms of delegated legislation. (10)

Parliament is the ultimate lawmaking power in this country. However, it allows other people
to make laws on its…

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The last type of delegated legislation is Orders in Council. The Emergency Powers Act was
passed in 1920 to give the monarch and the Privy Council, which is made up of past and
present government ministers, powers to make laws in emergencies, or when Parliament is not
sitting. These powers…

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The courts exercise control through a process known as judicial review. This occurs when
judges are asked to review the delegated legislation and decide whether or not it is lawful.
Firstly, they can declare the delegated legislation to be ultra vires. This means that the body
acted beyond the powers…

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A final advantage is that it is flexible and allows the law to change quickly to respond to
changing circumstances. Orders in Council, for example, can be made to deal with
emergencies such as the fuel crisis, or the foot and mouth epidemic. In 1986 the Food
Protection (Emergency Provisions)…

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