Law by a body other than parliment but with the authority of parliment through an enabling act.
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To Delegate Definition
To pass power, responsibility or authority to another.
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Why do we need Delegated Legislation
To provide framework, New laws for specific parts of the country, New laws for technical matters and Emergency situations.
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Enabling Act
An original act passd by parliment which enables another person or body to make law.
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An Enabling Act will normally
Outline framework, Give authority to a person or body, Area in which law can be made, Any procedures delegated act must follow when making laws.
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Orders in Council Definition
The government can make law through the privvy council without going through the full parlimentary process.
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Orders in Council are used in many situations such as
Giving legal effect to EU directives, Dealing with foreign affairs, Making law in times of national emergency and To amend other laws.
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Statutory Instruments Definition
Statutory Instruments refers to rules and regulations made by government ministers.
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Statutory Instruments are often used to
Update a law, Fill in more detail and Make commencement orders.
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Byelaws Definition
Byelaws can be made by local auhorities and certain other public corporations and companies concerning issues within the scope of their geographic or other areas of responsibility.
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People who make byelaws
A County Council can make byelaws affecting the whole county, whilst a district or town council can only make byelaws for the district or town.
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Why are byelaws created?
Byelaws are usually created when there is no general legislation that deals with an issue that concerns people in a local area.
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Byelaws
If a council wishes to make a byelaw it must advertise the proposed byelaw to allow local people a chance to comment, before applying to the secretary of state.
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Judicial Control Definition
Delegated Legislation is subject to control by the high court through the judicial review procedure. Under judicial review judges can declare Delegated Legislation to be Ultra Vires.
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Ultra Vires Definition
Ultra Vires means 'beyond powers', so the court would be saying that a peice of Delegated Legislation went beyond the powers granted by parliment within the enabling act.
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Procedural Ultra Vires Definition
This is where the enabling act sets out the procedural rules to be followed by the body which has been given the delegated power. The court can find the Delegated Legislation to be ultra vires and void if these rules were not followed.
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Aylesbury Mushroom Case
Delegated Legislation needed the minister of labour to consult 'any organisation appearing to him to be representative of substantial numbers of employers engaging in the activity concerned.' The minister failed to consult the mushroom growers.
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Advantages
Saves parlimentary time, the use of technical expertise, it allows for consultation, it allows for quick law making and it is also easy to ammend.
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Disadvantages
It is undemocratic, there can be subdelegation, the volume of it, the wording is not always clear, the amount of control is a concern, lack of publicity is a concern.
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Privvy Council Definition
The privvy council contains 420 members such as current ministers, royals and senior politians.
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Other cards in this set
Card 2
Front
To Delegate Definition
Back
To pass power, responsibility or authority to another.
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