Summary OCR A-level Law (H418) - Law Making
This is a revision summary of the OCR A-Level Law (H418) Law Making module. It provides relevant legislation, case law and facts in a concise format for students to use when revising.
Law Making
Topics:
- Delegated legislation
- European Union
- Judicial precedent
- Law reform
- Parliamentary law making
- Statutory interpretation
Delegated legislation
, 'Parent Acts' created to give groups powers to create legislation.
Types
Orders in Council - made by Monarch and Privy Council.
Statutory Instruments - made by Ministers in government.
By-laws - made by local councils and corporations.
Orders in Council
amend acts/bring them into effect
deal with foreign affairs or national emergencies
Example: Misuse of Drugs Act 1971 (Amendment) Order 2008.
Statutory Instruments
amend acts / commence acts
Example: National Minimum Wage (Amendment) Regulations 2012.
By-laws
made under Local Government Act 1972.
enforce good governance and good behaviour.
Example: Transport Act 1993.
How are these controlled/implemented?
Parliamentary controls
Inspections:
Minister can be questioned in Parliament.
Joint Select Committee review Statutory Instruments and bring
Parliament's attention to it if: tax is involved, retrospective, ultra vires,
wording is unclear.
Delegated Power Scrutiny Committee consider Bills.
Laying before Parliament:
Affirmative procedure: Bill must be approved by Parliament between 28
and 40 days.
Negative procedure: Bill is put a to a debate and if not annulled within 40
days, goes through.
Judicial controls
Unreasonableness ultra vires - what 'no reasonable person' acting
reasonably would have chosen to do (R(Rogers) v Swindon NHS Trust).
Procedural ultra vires - process is not followed (Aylesbury Mushroom).
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