LAW 01: Delegated Legislation

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The courts will also declare invalid any legilsation that is unreasonable as shown in the case against...
Wednesbury Corporation
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Type of delegated legislation involving the Queen
Orders In Council
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... Ultra vires. Shown in the Ayelsbury Mushroom Case, where public authority has not followed the procedures set out in the Enabling Act for creating delegated legislation
Procedural Ultra Vires
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Some enabling acts require.......... from Parliament before the delegated legislation can become law.
Affirmative Resolution
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The delegated legislation is subject to.... It is put before Parliament, and if no member has put down motion to annul it within a specific period of 40 days, it becomes law.
Negative Resolution
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....decide whether or not the provisions in a bill to delegate legislative power are inappropriate; has no power to amend a bill.
Delegated Powers Scrutiny Committee
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ADVANTAGE of D.L: not enough.....for Parliament to consider every detail of every regulatio. D.L. allows Parliament to concentrate on broad issues of policy rather rather than masses of detail. For example RTA...
Time
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A statutory instrument will be referred back to Parliament if it imposes a...
Tax
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.... Ultra vires. Where the delegated legislation goes beyond the powers granted in the Enabling Act, shown in R V Home Secretary ex Party Fire Brigades Union
Substantive
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DISADVANTAGE of delegated legislation: Main argument against is that it is.....because it is made by unelected people rather than Parliament. This is even more of a problem where sub-delegation occurs.
Undemocratic
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The most common type of delegated legislation
Statutory Instruments
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ADVANTAGE of delegated legislation: When problems arise, delegated legislation to rectify them can be put into place....
Quickly
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...Act 1971; created to reclassify cannabis, as an example of how Order in Council used to make specific law changes.
Misuse of Drugs
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Made by local authorities and other public bodies...
Bylaws
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There are drawbacks to control by parliament as can only consider whether delegated powers have been used correctly, not the merits of the legislation. Its reports are not.....either
Binding
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Other cards in this set

Card 2

Front

Type of delegated legislation involving the Queen

Back

Orders In Council

Card 3

Front

... Ultra vires. Shown in the Ayelsbury Mushroom Case, where public authority has not followed the procedures set out in the Enabling Act for creating delegated legislation

Back

Preview of the front of card 3

Card 4

Front

Some enabling acts require.......... from Parliament before the delegated legislation can become law.

Back

Preview of the front of card 4

Card 5

Front

The delegated legislation is subject to.... It is put before Parliament, and if no member has put down motion to annul it within a specific period of 40 days, it becomes law.

Back

Preview of the front of card 5
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