Delegated Legislation and Rule of Law

A series of vocabulary flashcards covering key concepts related to delegated legislation, rule of law, and the structure of the European Union.

Delegated Legislation

Law made by a person or body other than Parliament but with the authority of Parliament.

Enabling Act

The act of Parliament which gives authority for delegated legislation.

Order in Council

A type of legislation made by the King and Privy Council, typically used in situations such as transferring responsibilities between government departments.

Statutory Instrument

A form of delegated legislation made by ministers and government departments.

Bylaws

Local laws made by local authorities, public corporations, and certain companies.

Affirmative Resolutions

A parliamentary process where a statutory instrument will not become law unless specifically approved by Parliament.

Negative Resolutions

A procedure where a statutory instrument becomes law unless it is rejected by Parliament within 40 days.

Ultra Vires

A legal doctrine where an action is taken beyond the powers granted by the enabling Act.

Advantages of Delegated Legislation

Benefits include access to expertise, quicker law-making, and ease of amendment.

Disadvantages of Delegated Legislation

Concerns include being undemocratic, potential for sub-delegation, large volume and lack of publicity, and difficult wording.

Rule of Law

The principle that no person shall be sanctioned except in accordance with the law, ensuring equality and fairness.

Judicial Independence

The concept that judges must be free from interference and can make decisions without fear of repercussions.

European Court of Justice

An institution of the EU that ensures laws are applied uniformly across all Member States.

Regulation

A legal act of the EU that is binding on all Member States and automatically applicable.

Directive

A legal act of the EU that directs all Member States to bring about certain laws in their national laws.