delegated legislation part 2

more of the same thing

  • Created by: Tanya
  • Created on: 10-12-09 18:45

Delegated Legistlation

Where Parliament delegates law making power to a person or body

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Enabling(Parent) Act

the original Act that sets the criteria in with the delegated legislation can be made with

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Orders in Council

Laws made by the Privy Council and Queen to deal with national emergencies. These are enforceable in courts.

e.g Terrorism( United Measures) Act 2001

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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.

e.g Dogs(Fouling of Land)Act 1996

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Statutory Instruments

Laws made by Government Ministers within their area of responsibility. They are enforceable in the courts.Also used to to bring Acts of Parliament into Force

e.g Railways Act 2005 Commencement Order

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Advantages of Delegated Legislation

Time Saving

Produced with specialist knowledge

Parliamentary control


Timmy Poops Pop Daily

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Disadvantages Of Delegated Legislation

Partly undemocratic

Lack of publicity

No effective control

Contradicts the separation powers

Risk of sub-delegation

Peter Left Nelly Crying Rivers

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Parliament Control -Positive( affirmitive) resolut

the statutory instrument must be approved by a vote in one or both Houses of Parliament within specified time limit. Usually between 28 and 40 days

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Parliament Control -Negative resolution procedure

the statutory instrument is laid before Parliament, usually for 40days, and becomes law unless either House votes to annul it

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Judicial Control- Ultra Vires

a court order which says that the delegated legislation is 'beyond the powers' set out in the parent Act

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Judicial Control- Substantive Ultra Vires

the content of the delegated legislation is beyond the limits set out in the parent Act

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Judicial Control- Procedural Ultra Vires

the piece of delegated legislation has not been made using the procedures specified in the Parent Act

e.g Aylesbury vs Mushroom

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Evaluation of control methods

Consultation - adds a democratic element to the process

Publication - available for public scrutiny

Affirmative Resolution - again democratic, both Houses

“Irrational/Unreasonable” - cannot make unreasonable demands

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Natalie Beard


Well produced cards. Particularly like the bold effect :) Also the mneumonics really to it as well. Great Resource! :D



not very detailed need more detail.

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