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Law Making 2
Legislation and DL
Term | Definition |
---|---|
Privy Council | Queen, PM and senior politicians |
Commencement Orders | Used to bring legislation into force |
Remedial Orders | Used to amend legislation that has been successfully challenged |
Emergency Powers Act 1920/Civil Contingencies Act 2004 | Enable Orders in Council to be passed when Parliament is incapacitated or away |
Westminster Act 1999 | Gives a local council power to regulate ice-cream vendors |
Green Paper | Initial consultation document |
White Paper | Detailed proposal for legislation |
Ping pong | Bill is 'bounced' between HL and HC |
Royal Assent | A mere formality? |
Bylaws | Laws made by local authorities or corporations |
Scrutiny Committees | Groups of MPs and/or Lords who review enabling acts and SIs |
Negative Resolution Procedure | SI is laid before Parliament for 40 days |
Affirmative Resolution Procedure | SI must be approved |
Super-Affirmative Resolution Procedure | Process that allows for the most scrutiny of SIs |
Queen Anne | Last Monarch to refuse Royal Assent |
Enabling Act | A statute that grants delegated powers |
Judicial Review | Process whereby use of a delegated power is challenged in the courts |
Administrative Court | Part of the QBD - judicial review cases may be heard here |
Ultra vires | Outside of, or exceeding, your powers |
Aylesbury Mushrooms case | Procedural ultra vires |
R v Home Secretary exp Fire Brigades Union | Minister acted ultra vires in amending criminal injuries compensation rules |
Strickland v Hayes BC | Ultra vires because unreasonable |
Al Fayed case | Decision not to grant citizenship was not unreasonable |
Shamrock Coaches case | Decision not to grant contract to lowest tender was reasonable |