Delegated Legislation

Brief overview cards of Delegated Legislation for the AQA AS Law specification - Unit 1, Chapter 2.

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  • Created by: cg97
  • Created on: 07-10-13 09:32

What is Delegated Legislation?

Law made by a person or body to whom Parliament has given law-making power to.


                                                                                                                                                                   Parliament does not have enough time or expertise to make extrememly detailed laws, that is why it is necessary for them to delegate law-making power to better equipped people or bodies to make the necessary legal reforms.

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The Parent/Enabling Act

The Parent or Enabling Act (they're both the same thing) is an original Act passed by Parliament which enables another person or body to make law.

  • The Act contains the outline framework of the new law - for example, it might specify a person who is able to make the law; Government Minister
  • It is also likely to specify certain procedures that the person or body must follow.
  • Law-making power is given to the person or body best equipped with the knowledge and resources to make the type of law required
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These are:

"Laws made by local authorities and public bodies. They are enforceable in the courts and apply to a local authority area or to the public body only."

By-Laws can be made by...

  • LOCAL AUTHORITIES - e.g., councils
  • PRIVATE COMPANIES - e.g. First Great Western train company

By-laws are made applicable to the problems arising within certain areas or businesses.

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Orders in Council

  • These are:

"Laws made by the Queen and Privy Council which are enforceable in the courts."

The Privy Counil - this consists of:

  • current and former Government Ministers
  • senior Politicians
  • members of the Royal Family
  • two Archbishops
  • senior Judges
  • the British Ambassador
  • leading individuals of the Commonwealth

= there are currently 420 members. Appointment is done by the Queen and is for life.

The Privy Council advise on certain topics or impose emergency Laws if Parliament is on recess.

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Statutory Instruments

These are:

"Laws made by Government Ministers within the area of their responsibility. They are enforceable in the Courts."

They often come in the forms of regulations and orders and are often used to update laws --> this is done by Government Ministers for specific areas within the Government.

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