Delegated Legislation: Types Of Delegated Legislation – Orders In Council, Statutory Instruments And Bylaws (Copy)
Delegated Legislation: Types Of Delegated Legislation – Orders In Council, Statutory Instruments And Bylaws
Case Precedents & Statutes Sheet (AS Level Law – England and Wales)
Core Authority for Delegated Legislation
| Authority | Court / Body | Principle Established | Exam Focus |
|---|---|---|---|
| Dicey – Parliamentary Supremacy | Constitutional authority | Delegated legislation derives authority from Parliament | Source of power |
| R v Secretary of State for the Home Department, ex parte Fire Brigades Union (1995) | House of Lords | Delegated powers cannot override Parliament | Limits of delegation |
| Human Rights Act 1998 | Parliament | Delegated legislation subject to human rights | Legal control |
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 7 Distinctions and 11 World Records For Educate A Change AS Level Law Full Scale Course
Orders in Council — Authorities and Legal Basis
| Authority | Court / Body | Legal Effect | Exam Use |
|---|---|---|---|
| Emergency Powers Act 1920 | Parliament | Enables Orders in Council during emergencies | Speed and necessity |
| Civil Contingencies Act 2004 | Parliament | Broad emergency powers via Orders in Council | Crisis law-making |
| R (Miller) v Prime Minister (No 2) (2019) | UK Supreme Court | Limits executive use of prerogative Orders | Judicial control |
- Made by:
- Monarch and Privy Council
- Used when:
- Emergency action needed
- Parliament not sitting
- Often controversial due to limited scrutiny
Orders in Council — Judicial Control
| Case | Court | Principle | Exam Focus |
|---|---|---|---|
| Council of Civil Service Unions v Minister for the Civil Service (GCHQ Case) (1985) | House of Lords | Orders in Council subject to judicial review | Rule of law |
| R v Secretary of State ex parte Fire Brigades Union (1995) | House of Lords | Executive cannot misuse delegated powers | Supremacy |
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 7 Distinctions and 11 World Records For Educate A Change AS Level Law Full Scale Course
Statutory Instruments — Primary Form of Delegated Legislation
| Authority | Court / Body | Legal Role | Exam Focus |
|---|---|---|---|
| Statutory Instruments Act 1946 | Parliament | Governs procedure for Statutory Instruments | Core statute |
| Agricultural Training Board v Aylesbury Mushrooms (1972) | High Court | Consultation required if promised | Procedural control |
| R v Secretary of State for Social Security, ex parte Joint Council for the Welfare of Immigrants (1996) | Court of Appeal | Ultra vires delegated legislation | Limits of power |
- Made by:
- Government ministers
- Used to:
- Update technical detail
- Implement Acts of Parliament
- Subject to:
- Parliamentary scrutiny
- Judicial review
Parliamentary Control of Statutory Instruments
| Mechanism | Authority | Legal Effect | Exam Use |
|---|---|---|---|
| Negative resolution | Statutory Instruments Act 1946 | Automatically law unless annulled | Limited scrutiny |
| Affirmative resolution | Statutory Instruments Act 1946 | Requires approval | Greater control |
| Joint Committee on Statutory Instruments | Parliamentary committee | Technical scrutiny | Accountability |
Bylaws — Local Delegated Legislation
| Authority | Court / Body | Legal Role | Exam Focus |
|---|---|---|---|
| Local Government Act 1972 | Parliament | Empowers local authorities to make bylaws | Local governance |
| Kruse v Johnson (1898) | Queen’s Bench | Test for validity of bylaws | Reasonableness |
| Boddington v British Transport Police (1999) | House of Lords | Individuals may challenge unlawful bylaws | Access to justice |
- Made by:
- Local councils
- Public corporations
- Apply to:
- Specific local areas
- Must be:
- Reasonable
- Within enabling Act
- Not conflict with statute
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 7 Distinctions and 11 World Records For Educate A Change AS Level Law Full Scale Course
Comparison of the Three Types — Authority-Based
| Feature | Orders in Council | Statutory Instruments | Bylaws |
|---|---|---|---|
| Made by | Monarch & Privy Council | Government ministers | Local authorities |
| Main authority | Emergency legislation | Statutory Instruments Act 1946 | Local Government Act 1972 |
| Scope | National | National | Local |
| Speed | Very fast | Fast | Slower |
| Scrutiny | Minimal | Moderate | Local approval |
Advantages — Linked to Authorities
| Advantage | Authority | Exam Point |
|---|---|---|
| Speed | Emergency Powers Act 1920 | Crisis response |
| Expertise | Ministerial SIs | Technical detail |
| Local knowledge | Local Government Act 1972 | Tailored rules |
| Parliamentary time-saving | SI procedure | Efficiency |
Criticisms — Legal Context
| Criticism | Authority | Evaluation |
|---|---|---|
| Democratic deficit | Orders in Council | Limited scrutiny |
| Volume | Statutory Instruments | Rubber-stamp criticism |
| Uncertainty | Bylaws | Public awareness |
| Abuse of power | Fire Brigades Union | Executive overreach |
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 7 Distinctions and 11 World Records For Educate A Change AS Level Law Full Scale Course
Ultra-Condensed Exam Recall Grid
| Type | Key Authority | Memory Hook |
|---|---|---|
| Orders in Council | Civil Contingencies Act 2004 | Emergency power |
| Statutory Instruments | Statutory Instruments Act 1946 | Main form |
| Bylaws | Kruse v Johnson | Reasonableness test |
| Judicial control | GCHQ Case | Reviewable |
| Challenge rights | Boddington | Can be challenged |
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 7 Distinctions and 11 World Records For Educate A Change AS Level Law Full Scale Course