Ever wonder how laws get made when Parliament isn't sitting? ...
Law119 views·Updated 25 Jun 2026·2 pagesUnderstanding Delegated Legislation: Types and Controls
D🫡@academia_21
1
of 2
What is Delegated Legislation?
Think of delegated legislation as Parliament's way of sharing its law-making homework. Parliament creates a 'parent Act' (called an Enabling Act) that gives specific people or groups the power to make detailed laws on their behalf.
There are three main types you need to know. Statutory Instruments are made by government ministers and civil servants - they handle the nitty-gritty details like Police Codes of Practice under PACE or minimum wage reviews. Orders in Council come from the Privy Council and Queen, perfect for urgent situations when Parliament isn't sitting, like reclassifying cannabis as a Class C drug.
By-laws are made by local authorities like councils, railway companies, or even the National Trust. These apply to limited areas and cover things like public behaviour rules at train stations or airports.
Quick Tip: Remember the acronym SOB - Statutory instruments, Orders in council, By-laws!
2
of 2
Judicial Control of Delegated Legislation
Here's where things get interesting - judges can actually challenge delegated legislation through judicial review. They're basically checking whether law-makers have stayed within their lane.
The key concept is ultra vires (beyond powers). If someone making delegated legislation goes beyond what Parliament allowed in the Enabling Act, that law becomes void - completely invalid. A perfect example is R v Home Secretary, ex parte Fire Brigades Union (1995), where the Home Secretary's changes to compensation schemes exceeded his granted powers.
Courts assume certain things are off-limits unless the Enabling Act specifically allows them. Bodies cannot levy taxes, allow sub-delegation (passing power to someone else), or make unreasonable regulations. In Strickland v Hayes Borough Council (1896), a by-law banning "obscene songs" was deemed ultra vires for being too unreasonable.
Remember: Ultra vires = void law. It's the courts' way of keeping delegated legislation in check!
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Law119 views·Updated 25 Jun 2026·2 pagesUnderstanding Delegated Legislation: Types and Controls
D🫡@academia_21
Ever wonder how laws get made when Parliament isn't sitting? Delegated legislation lets other bodies create laws with Parliament's permission, covering everything from emergency drug classifications to local parking rules.
1
of 2
Sign up to see the content. It's free!
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What is Delegated Legislation?
Think of delegated legislation as Parliament's way of sharing its law-making homework. Parliament creates a 'parent Act' (called an Enabling Act) that gives specific people or groups the power to make detailed laws on their behalf.
There are three main types you need to know. Statutory Instruments are made by government ministers and civil servants - they handle the nitty-gritty details like Police Codes of Practice under PACE or minimum wage reviews. Orders in Council come from the Privy Council and Queen, perfect for urgent situations when Parliament isn't sitting, like reclassifying cannabis as a Class C drug.
By-laws are made by local authorities like councils, railway companies, or even the National Trust. These apply to limited areas and cover things like public behaviour rules at train stations or airports.
Quick Tip: Remember the acronym SOB - Statutory instruments, Orders in council, By-laws!
2
of 2Sign up to see the content. It's free!
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- Improve your grades
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By signing up you accept Terms of Service and Privacy Policy
Judicial Control of Delegated Legislation
Here's where things get interesting - judges can actually challenge delegated legislation through judicial review. They're basically checking whether law-makers have stayed within their lane.
The key concept is ultra vires (beyond powers). If someone making delegated legislation goes beyond what Parliament allowed in the Enabling Act, that law becomes void - completely invalid. A perfect example is R v Home Secretary, ex parte Fire Brigades Union (1995), where the Home Secretary's changes to compensation schemes exceeded his granted powers.
Courts assume certain things are off-limits unless the Enabling Act specifically allows them. Bodies cannot levy taxes, allow sub-delegation (passing power to someone else), or make unreasonable regulations. In Strickland v Hayes Borough Council (1896), a by-law banning "obscene songs" was deemed ultra vires for being too unreasonable.
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Where can I download the Knowunity app?
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