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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 |