Delegated Legisation

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  • Created by: Becky
  • Created on: 04-11-12 14:41
Enabling Act
An Act of Parliament that grants power to others to make laws.
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Types of delegated legislation
Orders in Council, Statutory Instruments and By Laws
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Negative resolution
The process by which stautory instruments become law if neither House objects within 40 days of being laid before Parliament.
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Super- affirmative resolution
A special procedure for approving the use of the Legislative and Regulatory Reform Act 2006
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Substantive ultra vires
Applies where a body makes legislation without following the correct procedure.
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Time and expertise
Delegated legislation is necessary because Parliament lacks this.
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Affirmative resolution
The process by which statutory instruments must be positively approved by Parliament.
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Orders in Council
Made by the Queen and the Privy Council
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Procedural ultra vires
Applies where a body makes legislation, it has no legal power to make
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Statutory instruments
Made by Government ministers
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Civil Contingency Act 2004
An example of an enabling act which allowed the Privy Council to make emergency laws
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Emergency Powers Act 1920
An example of an enabling Act which allowed the Privy council to make emergency laws.
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Bylaws
Made by private companies if there is an appropriate enabling act.
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Judicial review
Type of care in which judges are asked to decide on the legality of deligated legislation.
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Delegated legislation
A law which is made up by a person other than the Parliament but with their authority.
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Other cards in this set

Card 2

Front

Orders in Council, Statutory Instruments and By Laws

Back

Types of delegated legislation

Card 3

Front

The process by which stautory instruments become law if neither House objects within 40 days of being laid before Parliament.

Back

Preview of the back of card 3

Card 4

Front

A special procedure for approving the use of the Legislative and Regulatory Reform Act 2006

Back

Preview of the back of card 4

Card 5

Front

Applies where a body makes legislation without following the correct procedure.

Back

Preview of the back of card 5
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