Legislative Process
A law that has passed through all the stages of Parliament and becomes part of the law of the land.
What is an Act?
These are the three types of delegated legislation.
What are Orders in Council, Statutory Instruments, and By-Laws.
This control involves Parliament changing the law to modify or remove a delegated law-making power.
What is parent Act?
This rule of statutory interpretation requires courts to only consider the exact meaning of words when interpreting a statute, no matter how absurd the outcome.
What is the literal rule.
This case saw the court apply the literal rule, which lead to a substantively unjust outcome.
What is LNER v Berriman?
A discussion document that sets out the idea for a new law. It may include several alternatives. The Government remains uncommitted at this stage.
What is a Green Paper?
These are the four main kinds of secondary bodies that can make delegated laws.
This control involves Members of Parliament holding Ministers accountable for Statutory Instruments or how they're using their delegated law making powers.
What is Questioning of Government Ministers?
This rule of statutory interpretation involves the court looking at a gap in the previous law to try to work out the problem Parliament was trying to resolve.
What is the mischief rule?
This case established the principle that courts may declare delegated legislation 'ultra vires' if procedural justice is not applied in their development.
What Agricultural Board v Aylesbury Mushrooms Ltd?
The first time the House of Commons or House of Laws will properly debate a Bill.
What is the Second Reading?
These are the four main reasons for why delegated legislation is used.
What are time, Emergencies, Expertise, Local.
Affirmative Resolution Orders are required before a change to police powers comes into effect under this Act.
What is the Police and Criminal Evidence Act 1984?
This type of instrinsic aid comes at the start of a Bill and explains the proposed Act's purpose.
What is the Preamble/Introductory Text/Long Title?
This case is a good example of where a court declared a delegated law 'ultra vires' because the secondary body went beyond the powers granted to it and made more regulations than permitted (also known as substantive ultra vires).
What is R v Secretary of State for Health ex parte Pfizer Ltd.
The stage of the legislative process where a Bill is scrutinised by the Public Bill Committee before being reported back to the House with any proposed changes.
What is the Committee Stage?
This Act allows the Privy Council to make laws in times of emergency when the Parliament is not sitting.
What is the Civil Contingencies Act 2004?
Parliament may pass one of these if it wishes to make a Statutory Instrument void (i.e., get rid of it).
What is a Negative Resolution Order?
This case established the rule that courts must use the purposive approach when interpreting statutes.
What is Pepper v Hart?
This case involved the court applying the golden rule. It turned on the court's interpretation of the meaning of the word 'vicinity' in the Official Secrets Act 1920.
What is Adler v George?
A Bill will not become law until it has passed this final stage.
What is Royal Assent?
Statutory Instruments concerning police powers are made by the Ministry for Justice under this Act.
What is the Police and Criminal Evidence Act 1984?
This case established that courts may declare delegated laws 'ultra vires' if they are unreasonable.
What is Associated Provincial Picture Houses v Wednesbury Corporation?
This case established the principle that courts may refer to legal textbooks as extrinsic aids.
What is R v Jewell?
This case involved the court applying the mischief rule to a case where defendants were charged with soliciting from an upstairs window, when the Act had made it an offence to solicit 'in a street.'
What is Smith v Hughes?