English legal system-paper 3 Flashcards
What are the requirements of delegated legislation?
- Parent Act/ Enabling Act
- A piece of primary legislation which allows parliament to give others authority to make laws.
- This Act outlines the framework of the new law and specifies the person or body to whom authority will be given.
What is an Enabling Act?
The act will specify:
- The area within which law can be made.
- Any procedures that the delegated person or body must follow when making the delegated laws.
- Law making power will be given to the person or body best equipped with the knowledge and resources to make the type of law required.
What are orders by council?
An order in council is legislation made by the monarch and the privy council instead of parliament, such as an order to change constituency boundaries.
These will state when and where they were made.
E.g. Burial Act 1853
What is a statutory instrument?
A form of legislation which allows provisions of an Act of Parliament to be subsequently brought into force or altered without parliament having to pass a new law.
Usually given to a minister of the crown.
E.g. health and safety at work regulations 1999.
What are by laws?
By laws are local laws, a form of delegated legislation, made by bodies like local authorities or public bodies under power granted by an Act of Parliament. there are binding within a specific area or jurisdiction.
E.g. Local Government Act 1972.
