Delegated Legislation; Unit 1 - Notes

Notes made from a combination of resources including the Nelson Thornes text book and Philip Allan revision guide.

Covers the Delegated Legislation option from the Law Making half of the exam; Types of DL, Controls of DL and it's Advantages and Disadvantages

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Delegated Legislation
Law passed by a person or body to whom Parliament has delegated law making power
Parliament doesn't have the time or the expertise to make more detailed law:
Local expertise may be required
Specialist knowledge on a technical matter is required
A new situation or emergency arises and…

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Local authority law:
Drinking in public
Dog fouling (Dogs (Fouling of Land) Act 1996)
Congestion Charge

Controls of Delegated Legislation
Ensure sure power isn't abused and is controlled

Parliamentary Control:
Parliament remains in control of what law is made and how
Difficult to check all thoroughly due to the sheer…

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Within 3 months of the grounds of the case (Civil Procedure Rules 1999)
Due to complexity and high costs individuals rarely do this and therefore limits control
Judges can't amend delegated legislation

Procedural Utlra Vires:
Must follow the procedure specified in the Parent Act (Aylesbury Mushrooms)

Substantive Ultra Vires:


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