Types of Delegated Legislation

The page outlines the three types of delegated legislation and their specific functions:

Example: Orders in Council are used for transferring responsibilities between government parties and dealing with foreign affairs.

Highlight: Statutory Instruments (SIs) are the most common form of delegated legislation, made by government ministers within their policy areas.

Vocabulary: Bylaws are local regulations made by local authorities or public corporations for specific geographical areas or jurisdictions.

Example: Local traffic laws and smoking bans are common examples of bylaws.

Parliamentary Controls on Delegated Legislation

This section details the various ways Parliament controls delegated legislation:

Definition: Parent/Enabling Acts are primary legislation that outline the specific powers granted for making delegated legislation.

Highlight: The Affirmative Resolution Procedure requires formal parliamentary approval before delegated legislation becomes law.

Example: The Negative Resolution Procedure allows Statutory Instruments to become law unless rejected within 40 days.

Vocabulary: The Scrutiny Committee and Secondary Legislation Scrutiny Committee examine delegated legislation after implementation.

Judicial Controls on Delegated Legislation

This page explains how courts can review and control delegated legislation:

Definition: Ultra vires refers to actions beyond the legal authority granted by Parliament.

Example: The Aylesbury Mushroom Case (1972) demonstrates procedural ultra vires where required consultation procedures weren't followed.

Highlight: The Wednesbury Unreasonableness test determines if a decision is so unreasonable that no reasonable authority would make it.

Quote: "DL can be challenged in the Kings Bench Divisional Court if the legislation is ultra vires."

Judicial Controls on Delegated Legislation

This page details the judicial oversight of delegated legislation, particularly focusing on ultra vires challenges.

Vocabulary: Ultra vires refers to actions beyond legal authority or power.

Example: The Aylesbury Mushroom Case (1972) demonstrates procedural ultra vires when consultation requirements weren't met.

Definition: Wednesbury Unreasonableness is a legal test for determining if a decision is so unreasonable that no reasonable authority would make it.

Introduction to Delegated Legislation

This page introduces the concept of delegated legislation, which represents an essential component of the UK legal system.

Definition: Delegated legislation refers to laws made by persons or bodies other than Parliament, but with Parliament's authority through an Enabling Act.