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Law Making 2

Legislation and DL

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
Locus standi The right to bring a claim of judicial review
Ultra vires Outside of, or exceeding, your powers
Greenpeace case Claimant had locus standi
Rose Theatre case Claimant didn't have locus standi
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
Created by: Mr Lovell