AQA AS Law- Delegated Legislation Key Term Meanings

Key term meanings for AQA AS Law Deleglated Legislation 

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  • Created by: Michaela
  • Created on: 21-05-12 15:34

Delegated Legislation Key Term Meanings

Affirmative (positive) Resolution: Procedure by which a statuatroy instrument is approved by a vote in one or both Houses of Parliament within a specified time limit. 

By- Laws: These are made by local authorities (under such enabling legislation as the Local Government 1972), public and nationilsed bodies. 

Delglated Legislation: Legislation made by a person or body other than Parliament but under but under powers conferred by an Act of Parliament (i.e. an enabling statue, called the Parent Act.) Most deleglated legislation is governmental. Main use of thsi legislation is to supplement Acts of Parliament by describing the detailed and technical rules rrequired for their operation- known as subordinate legislation. 

Enabliing Act: An orignal Act passed by Parliament which enables another person or body to make law. 

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Delegated Legislation Key Term Meanings

Negative Resolution: The procedure by which a statuatroy instrument is laid before Parliament, usually for 40 days, and becomes law unless either House votes to annul it. 

Orders in Council: Laws made by the Queen and Privy Council which are enforceable in Courts. 

Procedural Ultra Vires: Piece of deleglated legislation that has not been made using the procedures specfied in the Parent Act. 

Substantive Ultra Vires: Content of the deleglated legislation is beyond the limits set out in the parent act

Ultra Vires: A court order whcih says that the deleglated legislation is "beyond the powers" set out in the Parent Act.

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