What Is delegated legislation? • Delegated (or subordinate or subsidiary) legislation refers to those laws made by persons or bodies to whom parliament has delegated law-making authority • Where acts are made by parliament‚ each principal act makes provision for subsidiary legislation to be made‚ and will specify who has the power to do so under that act • Delegated legislation can only exist in relation to an enabling act • Delegated legislation contains the many administrative details
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Delegated Legislation is law made by a body other than Parliament. Parliament gives others the power to pass delegated legislation in a parent or enabling act. Act of Parliament (Statutes) - Primary Legislation Delegated Legislation (i.e. statutory Instruments) - Secondary Legislation The Town Hall in Rugby - local borough councillors can create secondary legislation in the form of bylaws Why is Delegated Legislation Needed? Lack of Parliamentary time Allow detail to be added
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Mens Rea and delegated legislation Alexandra StoicaMens rea: the guilty mind of the defendant The difference between s18 and s20 of the Offences against the person act 1861 is the mens rea required. Mens rea must be distinguished from motive. Motive can be relevant in some crimes. Intention: can be direct or indirect (oblique) Direct intention- this occurs where the consequence is the defendant’s aim or purpose. An example is Mohan 1976. The defendants deliberately attacked the victim. The resulting
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INTRODUCTION Delegated legislation refers to the rules and regulations‚ which are passed by some person or body under some enabling parent legislation. The Interpretation Act 1967 defines it as ‘any proclamation‚ rule‚ regulation‚ order‚ by-law or other instrument made under any Act‚ Enactment‚ Ordinance‚ or other lawful authority and having legislative effect’. BODY The Parliament and State Legislative Assemblies conferred legislative powers from the Federal Constitution. However‚ only small
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Outline the different forms of delegated legislation. (10 marks) Delegated legislation (secondary legislation) is law that is authorised but not made by Parliament. Parliament lays out a basic framework‚ known as the enabling Act and other people or bodies are delegated powers to make the more detailed rules. Ministers and government departments can be given the power in the enabling Act to make statutory instruments (SI) relating to the jurisdiction of their ministry. These take the form of
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Delegated legislation in its various forms is a necessary source of law in a progressive society. Parliament simply cannot keep up with the need for law reform demanded by society. The government formed within Parliament has to fulfill the promised reforms (among other agenda) and there is definite pressure to see that these reforms are passed within the particular session. The lack of specialized knowledge among MPs’ make DL a necessary avenue to ensure reasonable and effective content of the law
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June 2004 – Q2 A) Under the Golden Rule‚ “it is generally considered to be an extension of the literal rule. In its general expression it is applied in circumstances where the application of the literal rule is likely to result in‚ what appears to the court‚ to be an obviously absurd result” (Source B). For example‚ in R v. Allen (1872)‚ the word ‘marry’ was interpreted as meaning ‘to go through a ceremony of marriage’‚ because using it literal meaning would produce the absurd result that the
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Delegated legislation - Judicial Review of delegated legislation Control by the courts by Judicial Review. Judicial review Ultra vires and reasonableness‚ is described here Judicial Review Judicial Review is the process by which delegated legislation may be challenged‚ it is conducted in the Administrative court. Judicial review of criminal cases is heard in a Divisional Court (with 2 or more judges). Judicial Review of SI’s Courts can question whether a Minister‚ when issuing an SI‚
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LAW 1 January 2005 Q4 I. (a) Using examples‚ briefly explain the meaning of delegated legislation. Include in your answer an outline description of how Parliament exercises control over the process of delegated legislation. (20 marks) A. (A) Brief explanation of delegated legislation to include for example explanation of how power is delegated: .Enabling Act.‚ explanation of Ministerial Regulations‚ Bye Laws and Orders in Council
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INSTITUTE OF LAW NIRMA UNIVERSITY INTERPRETATION OF DELEGATED LEGISLATION IN INDIA Project Work (INTERPRETATION OF STATUTES) By: Nidhi Jain LIST OF CASES R.Vs. Burah (1878) 3 AC 889 Jhatindra Nath Gupta Vs. Province of Bihar AIR 1949 FC 175 Delhi Laws Act case AIR 1951 SC 332 Panama Refining Co. v. Ryans293 U.S. 388 Raj Narayan Singh v. Chairman Patna Administration CommitteeAIR 1954 SC 569
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