Delegated Legislation G152 flashcards

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  • Created by: bananaaar
  • Created on: 01-04-14 18:35
What is delegated legislation?
Legislation made by some person or body other than Parliament, but with the authority of
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How do Parliament authorise delegated legislation?
By passing an Enabling or Parent Act which authorises the making of delegated legislation.
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What kind of legislation is delegated legislation?
Secondary/subordinaate legislation.
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How many acts of parliament per year?
70-100.
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How many statutory instruments per year?
4000.
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What are the different types of delegated legislation?
Orders in Council (for national emergencies made by Privy Council consisting of ministers making laws in the name of the queen), Statutory Instruments (national effect made by head of gov department), and bylaws (local regulations made locally)
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What is Locus Standi?
The fact that a judicial review case must be brought forward by an individual directly involved with the new law within 3 months.
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What does ultra vires mean?
Beyond the power.
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Advantage of controls by courts?
Gives a good safety net and gives individuals a chance to challenge a law.
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Disadvantage of controls by courts?
Can be considered ineffective as there is a lack of publicity so hard to challenge within 3 months. Also its not free so only the wealthy can afford it.
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Where is judicial review carried out?
By the Administrative Court, which is part of the QBD in the High Court.
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What kind of power is judicial review?
Perogative power (exercised at the discretion of the crown)
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Other cards in this set

Card 2

Front

How do Parliament authorise delegated legislation?

Back

By passing an Enabling or Parent Act which authorises the making of delegated legislation.

Card 3

Front

What kind of legislation is delegated legislation?

Back

Preview of the front of card 3

Card 4

Front

How many acts of parliament per year?

Back

Preview of the front of card 4

Card 5

Front

How many statutory instruments per year?

Back

Preview of the front of card 5
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