A law made by a person or body to whom Parliament has delegated (or given) law-making power.
1 of 12
Enabling Act
An original Act passed by Parliament which enables another person or body to make law.
2 of 12
Parent Act
This term can equally be used because the delegated legislation can be viewed as the offspring or product of the original Act.
3 of 12
Orders in Council
Laws made by the Queen and Privy Council which are enforceable in courts.
4 of 12
Statutory Instruments
Laws made by Government Ministers within the area of their responsibility. They are enforceable in the courts.
5 of 12
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.
6 of 12
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.
7 of 12
Negative Resolution Procedure
The statutory instrument is laid before Parliament, usually for 40 days, and becomes law unless either House votes to annul it.
8 of 12
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.
9 of 12
Ultra Vires
A court order which says that the delegated legislation is "beyond the powers" set out in the parent Act.
10 of 12
Procedural Ultra Vires
The piece of delegated legislation has not been made using the procedures specified in the parent Act.
11 of 12
Substantive Ultra Vires
The content of the delegated legislation is beyond the limits set out in the parent Act.
12 of 12
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
Card 4
Front
Laws made by the Queen and Privy Council which are enforceable in courts.
Back
Card 5
Front
Laws made by Government Ministers within the area of their responsibility. They are enforceable in the courts.
Comments
No comments have yet been made