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Law retake > Delegated Legislation > Flashcards

Delegated Legislation Flashcards

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Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
0
Q

What are orders in council ?

A

Laws made by the queen and the privy council which are enforceable in courts .

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1
Q

What are the three types of delegated legislation ?

A
  • statutory instruments
  • by laws
  • orders in council
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2
Q

What are statutory instruments?

A

Laws made by government ministers within their area if responsibility . They are enforceable in courts .

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3
Q

What are By-laws ?

A

Laws made by the local authorities ad public bodies .

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4
Q

What is delegated legislation ?

A

Legislation made by someone other than parliament but with their authority given under the parent act .

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5
Q

What are 4 examples of when orders in council can be used ?

A
  • dissolving parliament before an election
  • bringing an act of parliament into force
  • dealing with foreign affairs
  • transferring responsibilities between gov. Departments
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6
Q

Who are orders in council made by ?

A

The queen and the privy council

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7
Q

What is an advantage of orders in council and why?

A

SPEED!

As soon as an OIC is made , then it is a law as if it were a new act of parliament

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8
Q

What is a act where orders in council is used?

A

Emergency powers act 1920

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9
Q

How important are by laws compared two the other two types if DL?

A

Second in importance to statutory instruments

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10
Q

Who are by laws made by ?

A

Local authorities

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11
Q

Who just by laws be confirmed by ?

A

Relevant gov. Minister

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12
Q

What act are most by laws made under?

A

Local gov. Act 1972

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13
Q

What is an example of a by law in an act?

A

National trust act 1971

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14
Q

What are the 3 types of statutory instruments?

A

Orders
Rules
Regulations

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15
Q

What do commencement orders do?

A

They bring into effect one or more sections of an act of parliament

16
Q

What is an example of an order ?

A

Smoking regulations 2007 under the health act 2006

17
Q

What are rules used to make ?

A

Procedural laws

18
Q

What do rules set out to do ?

A

HOW they should be made

19
Q

What is an example of a rule ?

A

Civil procedure act 1997

20
Q

What are regulations used to make ?

A

Substantive law

21
Q

What do they enable law to do ?

A

To be maintained and kept up to date

22
Q

What is an example of a regulation?

A

The minimum wage act 1998

23
Q

How many statutory instruments were there in 2013 ?

A

3292

24
Q

What is one advantage and disadvantage of DL?

A

Advantage
Time saving

Disadvantage
Often Made by unelected bodies and there is little parliamentary control.

25
Q

What is judicial review ?

A

The procedure were the high court may review a decision of a body to ensure that the act is lawful .

26
Q

WHat are the three types of judicial control ?

A

Procedural ultra vires
Substantive ultra vires
Wednesbury unreasonableness

27
Q

What are procedural ultra vires?

A

They are concerned with HOW the DL is made . If they don’t follow the procedures set out in the parent act .

28
Q

What are substantive ultra vires?

A

Concerned in weather the content if the DL is within the limits set out by the parent act.

29
Q

What is Wednesbury unreasonableness ?

A

Legislation is so unreasonable that no reasonable person acting reasonably could have made it .

30
Q

What is an example of procedural ultra vires ?

A

Aylesbury mushroom case

31
Q

What is an example of substantive ultra vires ?

A

A-G Fulham corporation

32
Q

What is 2 examples of Wednesbury unreasonableness ?

A

Wednesbury case

R(Rodgers) v Swindon NHS trust

33
Q

Describe what happened in the Ayelsbury mushroom case …

A

The procedure allowed for consultations with appropriate organisations but this procedure was not followed , in particular the minister did not consult the mushroom growers .

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