delegated legislation Flashcards
what is a delegated legislation?
a law made by a body other than parliament
what is the enabling act?
gives power to make legislation
three types of delegated legislation?
Orders in council
Statutory instruments
By-laws
what is order in council?
type of legislation made by the Queen and the privy council
what are statutory instruments?
laws made by government ministers in areas under their responsibility
(e.g. health secretary COVID laws)
what are by-laws?
made by local authorities in their own area
what controls are in place for delegated legislation?
parliamentary controls
controls by the court
what is ultra vires?
where a person has acted beyond their powers while making legislation
what is procedural ultra vires?
whether correct procedure was followed
what is substantive ultra vires?
whether legislation is within bodies power to create
what is ultra vires wednesbury unreasonableness?
whether the decision was reasonable
