Delegated Legislation

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Who makes Orders In Council?
Drafted by the Gov. and given approval by the Privy Council - made up of around 600 members
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The powers of the Privy Council?
Pass OiCs in emergencies, or when Parl. isn't sitting. Can dissolve Parl. if needed
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Example of OiCs?
During 9/11 - grounding all flights in and out of the UK
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What are Statutory Instruments?
Made by Gov. ministers of the relevant department under the authority of an enabling act. Consultation with interested parties may be requires, and are subject to either affirmative or negative resolutions
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Example of SI's?
PACE 1984 - gives Home Sec. power to produce codes of practise for the police
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Who has the power to make By-Laws?
Local government/authorities, or public corporations and some large companies
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Example of Local Authority By-Laws?
Clean Neighbourhoods Act - designated poo-scooping areas, where fines can be imposed for failure to comply
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Example of Public Bodies By-Laws?
Railways Act - 'feet off the seats', make laws on public behaviour in train stations and on trains
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What are the Parliamentary Controls of DL?
****? C - Committees R - Resolutions A - Act itself P - Publication ? - Questions
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What are the Judicial Controls of DL?
Procedural Ultra Vires - something is done that should not be done (Aylesbury Mushrooms) Substantive Ultra Vires - something extra is done that should not be done (Customs and Excise) Substantive Unreasonable Ultra Vires - (Wednesbury)
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What are the advantages of DL?
Time saving and flexible, produced with specialist knowledge, wide range of controls available, democratic
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What are the disadvantages of DL?
Partly undemocratic, limited scrutiny, lack of publicity, contradicts separation of powers
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Other cards in this set

Card 2

Front

The powers of the Privy Council?

Back

Pass OiCs in emergencies, or when Parl. isn't sitting. Can dissolve Parl. if needed

Card 3

Front

Example of OiCs?

Back

Preview of the front of card 3

Card 4

Front

What are Statutory Instruments?

Back

Preview of the front of card 4

Card 5

Front

Example of SI's?

Back

Preview of the front of card 5
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