Delegated Legislation Keywords

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  • Created by: cg97
  • Created on: 06-09-13 18:10
Delegated Legislation
A law made by a person or body to whom Parliament has delegated (or given) law-making power.
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Enabling Act
An original Act passed by Parliament which enables another person or body to make law.
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Parent Act
This term can equally be used because the delegated legislation can be viewed as the offspring or product of the original Act.
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Orders in Council
Laws made by the Queen and Privy Council which are enforceable in courts.
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Statutory Instruments
Laws made by Government Ministers within the area of their responsibility. They are enforceable in the courts.
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By-Laws
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.
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Positive (or Affirmative) Resolution Procedure
The statutory instrument must be approved by a vote in one of both Houses of Parliament within a specified time limit.
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Negative Resolution Procedure
The statutory instrument is laid before Parliament, usually for 40 days, and becomes law unless either House votes to annul it.
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Judicial Review
The procedure by which the High Court may review a decision of a body to ensure that the rules of natural justice have been followed. Natural Justice means, for example, that all parties be given the opportunity to put their case forward.
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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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Procedural Ultra Vires
The piece of delegated legislation has not been made using the procedures specified in the parent Act.
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Substantive Ultra Vires
The content of the delegated legislation is beyond the limits set out in the parent Act.
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Other cards in this set

Card 2

Front

An original Act passed by Parliament which enables another person or body to make law.

Back

Enabling Act

Card 3

Front

This term can equally be used because the delegated legislation can be viewed as the offspring or product of the original Act.

Back

Preview of the back of card 3

Card 4

Front

Laws made by the Queen and Privy Council which are enforceable in courts.

Back

Preview of the back of card 4

Card 5

Front

Laws made by Government Ministers within the area of their responsibility. They are enforceable in the courts.

Back

Preview of the back of card 5
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