Legislation Flashcards
Delegated legislation
to make changes to the law under powers given to them in an Act of Parliament
Enabling act
creates the structure of the law and then delegates’ powers to others to make more detailed law in the area.
Statutory instrument
a form of legislation which allow the provisions of an Act of Parliament to be subsequently brought into force or altered without Parliament having to pass a new Act.
Primary legislation
the general term used to describe the main laws passed by the legislative bodies of the UK, including the UK Parliament
Secondary legislationn
there is no limit imposed on the descriptions that may be given to Statutory Instruments.
Orders in council
Orders that have been approved at a meeting of the Privy Council personally by The King. They fall into two broad categories, statutory and Prerogative. Statutory Orders
By-laws
local laws made by a local council under an enabling power contained in a public general act or a local act requiring something to be done – or not done – in a specified area.
Affirmative resolution procedure
A procedure of the UK government whereby secondary legislation requires approval from parliament before it passes into law.
Negative resolution procedure
the statutory instrument containing the regulations or order is laid before Parliament and must be revoked if either House passes a resolution against it within 40 Parliamentary days.
Judicial review
a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body
Ultra vires
beyond the powers