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Understanding Delegated Legislation: Types, Examples, and Control

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Evie (Yr 12)

31/03/2023

Law

Delegated Legislation

Understanding Delegated Legislation: Types, Examples, and Control

Types of Delegated Legislation and their control mechanisms form a crucial part of the UK legal system. Parliament delegates law-making powers to various bodies through enabling acts, allowing for more efficient and specialized legislation creation. The system encompasses three main types of delegated legislation: Orders in Council, Statutory Instruments, and Bylaws, each serving specific purposes in governance and regulation.

Key aspects include:

  • Parliamentary oversight through enabling acts and resolution procedures
  • Judicial controls through ultra vires challenges
  • Local authority involvement through bylaws
  • Expert consultation requirements
  • Time-efficient legislative processes
...

31/03/2023

703


<p>Delegated Legislation is law made by some person or body other than Parliament, but with the authority of Parliament. This authority is

View

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.


<p>Delegated Legislation is law made by some person or body other than Parliament, but with the authority of Parliament. This authority is

View

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.


<p>Delegated Legislation is law made by some person or body other than Parliament, but with the authority of Parliament. This authority is

View

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."


<p>Delegated Legislation is law made by some person or body other than Parliament, but with the authority of Parliament. This authority is

View

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.

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Understanding Delegated Legislation: Types, Examples, and Control

Types of Delegated Legislation and their control mechanisms form a crucial part of the UK legal system. Parliament delegates law-making powers to various bodies through enabling acts, allowing for more efficient and specialized legislation creation. The system encompasses three main types of delegated legislation: Orders in Council, Statutory Instruments, and Bylaws, each serving specific purposes in governance and regulation.

Key aspects include:

  • Parliamentary oversight through enabling acts and resolution procedures
  • Judicial controls through ultra vires challenges
  • Local authority involvement through bylaws
  • Expert consultation requirements
  • Time-efficient legislative processes
...

31/03/2023

703

 

12/13

 

Law

27


<p>Delegated Legislation is law made by some person or body other than Parliament, but with the authority of Parliament. This authority is

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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.


<p>Delegated Legislation is law made by some person or body other than Parliament, but with the authority of Parliament. This authority is

Sign up to see the content. It's free!

Access to all documents

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By signing up you accept Terms of Service and Privacy Policy

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.


<p>Delegated Legislation is law made by some person or body other than Parliament, but with the authority of Parliament. This authority is

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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."


<p>Delegated Legislation is law made by some person or body other than Parliament, but with the authority of Parliament. This authority is

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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.


<p>Delegated Legislation is law made by some person or body other than Parliament, but with the authority of Parliament. This authority is

Sign up to see the content. It's free!

Access to all documents

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Join milions of students

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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.

Can't find what you're looking for? Explore other subjects.

Knowunity is the #1 education app in five European countries

Knowunity has been named a featured story on Apple and has regularly topped the app store charts in the education category in Germany, Italy, Poland, Switzerland, and the United Kingdom. Join Knowunity today and help millions of students around the world.

Ranked #1 Education App

Download in

Google Play

Download in

App Store

Knowunity is the #1 education app in five European countries

4.9+

Average app rating

17 M

Pupils love Knowunity

#1

In education app charts in 17 countries

950 K+

Students have uploaded notes

Still not convinced? See what other students are saying...

iOS User

I love this app so much, I also use it daily. I recommend Knowunity to everyone!!! I went from a D to an A with it :D

Philip, iOS User

The app is very simple and well designed. So far I have always found everything I was looking for :D

Lena, iOS user

I love this app ❤️ I actually use it every time I study.