Topic 6: Legislation Flashcards
What is delegated legislation?
Legislation made not directly by an Act of the Parliament, but UNDER THE AUTHORITY of an Act of Parliament.
✮ Delegated legislation often comes in the form of RULES or REGULATIONS that go into further detail on the statute
Why is it desirable for a body other than Parliament to create legislation?
✮ Administrative matters are best left to the Executive to REDUCE PRESSURE on PARLIAMENTARY TIME
✮ Delegated legislation is MORE APPROPRIATE for TECHNICAL MATTERS
✮ When the subject matter of legislation is likely legislation is likely to CHANGE QUICKLY, sensible to have legislation that can BE CHANGED QUICKLY
What are Henry VIII clauses?
Usually, PRIMARY LEGISLATION TAKES PRECEDENCE over secondary legislation
Henry VIII clauses are the exception this rule…
👑 They allow primary legislation to be AMENDED or REPEALED by secondary legislation.
👑This allows them to bypass the parliamentary process
What is an example of an Henry VIII clause?
LIQUOR ACT 2010
👑 Allows regulation to modify parts of it where the Executive sees fit
What is the relationship between specific and general provisions?
GENERALIA SPECIALIBUS NON DEROGANT
→If a specific statutory provision conflicts with a general one, the SPECIFIC STATUTE GOVERNS.
→ This maxim applies in situations where EARLIER SPECIFIC provisions appear to be inconsistent with LATER GENERAL provisions.
→ In this case, the EARLIER SPECIFIC will CONTINUE TO OPERATE.
