BTEC Law

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Dispute solving in civil law

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16 Terms

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Delegated legislation

Law made outside Parliament, but with Parliament’s approval.

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Parent/enabling act

An Act that gives power to a government minister to make a piece of delegated legislation.

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Orders in council.

A type of delegated legislation made by the Queen and Privy Council (prime minister and leading members), typically used in emergencies or to implement EU directives.

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Ultra Vires

Latin for “beyond the powers”

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By-laws

A form of delegated legislation, made by authorities.

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Affirmative resolution procedure

A statutory instrument will not become law unless approved by Parliament.

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Negative resolution procedure

A statutory instrument will become law unless Parliament rejects it within 40 days.

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Procedural ultra vires

A form of delegated legislation may be declared invalid if the correct procedure was not followed in making it.

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Substantive ultra vires

A principle where delegated legislation is deemed invalid if it goes beyond the powers granted by the enabling Act.

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Judicial/judiciary

Judges who apply the laws in cases in court.

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Statutory

law created by an act of Parliament that is written and enacted by the legislative body.

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Criminal law

A branch of law concerned with the punishment of individuals for crimes against society.

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Civil law

Regulates disputes between private individuals or entities.

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ECJ

Oversees the correct application and implementation of EU law.

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House of Lords.

The second chamber of the UK Parliament, comprising unelected members (peers, bishops, and law lords) who scrutinize legislation, debate policy, and hold the government accountable.

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Statutory instrument

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