Delegated Legislation- AS LAW OCR

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  • Created by: Brittany
  • Created on: 11-02-13 15:07
What Act covers Delegated Legislation?
Parent/ Enabling Act
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Who are Statutory instruments made by?
Goverment Departments
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Who are by-laws made by?
local authorities, public and nationalised bodies
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Who makes Orders in Council?
Government in times of emergency, approved by the Privy Council and signed by the Queen
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What are the 4 controls laid down by Parliament for Delegated Legislation?
Consultation, Affirmative resolution process, Negative resolution, Joint Committee on Statutory Instruments
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If someone has been directly affected by the statutory instrument they can challenge it in the courts. The process for challenge is called a................
Judicial Review
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If the court rules the case is Ultra Vires, what will the cas be?
Void
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Define Procedural ultra vires.
The procedure set out in the enabling act for making the statutory instrument has not been followed.
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Define Substantive ultra vires.
 The content in the statutory instrument goes beyond what Parliament gave power to include
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In the Aylesbury Mushroom Case is the case declared Procedural ultra vires or Substantive ultra vires?
Procedural ultra vires
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Does the case of  Based on Associated Picture Houses Ltd –v- Wednesbury Corporation show unreasonableness?
Yes it does show unresonableness
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Other cards in this set

Card 2

Front

Who are Statutory instruments made by?

Back

Goverment Departments

Card 3

Front

Who are by-laws made by?

Back

Preview of the front of card 3

Card 4

Front

Who makes Orders in Council?

Back

Preview of the front of card 4

Card 5

Front

What are the 4 controls laid down by Parliament for Delegated Legislation?

Back

Preview of the front of card 5
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