Give three typical uses of Orders in Council.

Transferring powers between government departments, bringing Acts into force, and making emergency legislation under the Civil Contingencies Act 2004.

AQA A-Level Law 7162

The Nature of Law

Topic overview Distributive and Corrective Justice Theories of Justice: Rawls, Nozick and Marx What Law Does in Society How Law and Morality Are Enforced Moral Diversity in a Pluralist Society The Hart-Devlin Debate Procedural Justice and Utilitarianism The Rule of Law: Core Requirements Law, Rights and the Resolution of Disputes Fault and Strict Liability Where Law and Morality Overlap Wolfenden and R v Brown Aristotle on Justice Justice through Civil and Criminal Law Criminal and civil law compared Custom, statute and common law as sources Equality, Fairness and Clarity before the Law

The European Union and English Law

Topic overview The Institutions of the European Union Treaties, Regulations and Directives Supremacy and Direct Effect EU Law, Sovereignty and Preliminary References

Legal Personnel and the Judiciary

Topic overview Barristers and Solicitors The Role of Judges in Civil and Criminal Trials Rights of Audience and Legal Documentation The Judges and Their Courts Judicial Independence and Appointments

Access to Justice and Funding

Topic overview Advice Services and Private Funding Advice Agencies and Conditional Fee Agreements Criminal and Civil Legal Aid

Parliamentary Law Making

Topic overview Green Papers, White Papers and Royal Assent Parliamentary Supremacy and Its Limits Influences on Parliament

Delegated Legislation

Topic overview Delegated Legislation and Orders in Council Parliamentary Control of Delegated Legislation Advantages and Disadvantages of Delegated Legislation

Statutory Interpretation

Topic overview The Literal and Golden Rules The Mischief Rule and the Purposive Approach Intrinsic and Extrinsic Aids The Purposive Approach: Evaluation and European Influence Evaluating the Mischief Rule

Judicial Precedent

Topic overview Precedent and the Court Hierarchy Overruling, Distinguishing and Persuasive Precedent Advantages and Disadvantages of Precedent

Law Reform

Topic overview The Law Commission Codification and Consolidation The Law Commission's Reform Process

The Civil Courts and Dispute Resolution

Topic overview The Civil Courts and Their Jurisdiction Civil Appeals Tribunals and Alternative Dispute Resolution

The Criminal Courts and Sentencing

Topic overview Offence Classification and Criminal Appeals The Magistrates' Court and Its Jurisdiction Judge and Jury in the Crown Court Sentencing Aims and Types of Sentence

Lay People: Magistrates and Juries

Topic overview Who the Magistrates Are Jury Selection and Eligibility The Case for Trial by Jury Juries: Representation, Secrecy and Equity

Criminal Law: Rules and Theory

Topic overview Actus Reus, Mens Rea and Coincidence The Harm Principle and Autonomy

General Elements of Liability

Topic overview The External Element of a Crime Voluntariness and Causation Mens Rea, Strict Liability and Coincidence

Fatal Offences Against the Person

Topic overview The Elements of Murder Loss of Control Diminished Responsibility Unlawful Act and Gross Negligence Manslaughter

Non-Fatal Offences Against the Person

Topic overview Assault and Battery Words, Silence and Actual Bodily Harm Grievous Bodily Harm under Sections 18 and 20

Property Offences

Topic overview The Definition of Theft Property and Belonging to Another Dishonesty and the Ivey Test Permanent Deprivation and Robbery

Preliminary Offences

Topic overview Attempts

Criminal Defences

Topic overview Insanity and the M'Naghten Rules Wrongness, Burden of Proof and Automatism Intoxication, Specific and Basic Intent Self-Defence and the Prevention of Crime Duress and Its Limits

Tort: Rules and Theory

Topic overview The Areas of Tort Liability Duty of Care, Breach and Causation Secondary Victims and Occupiers' Liability Nuisance, Rylands v Fletcher and Tort Defences Damages and Injunctions in Tort Policy Limits on the Duty of Care Vicarious Liability: Justifications and Employment Status

Negligence

Topic overview Establishing a Duty of Care Breach of Duty and the Standard of Care Causation and Remoteness of Damage Pure Economic Loss Psychiatric Injury: Primary and Secondary Victims

Occupiers' Liability

Topic overview Occupiers, Premises and Lawful Visitors The Duty to Trespassers under the 1984 Act

Nuisance and Rylands v Fletcher

Topic overview Private Nuisance The Rule in Rylands v Fletcher

Vicarious Liability

Topic overview What Vicarious Liability Is Employment Status and the Close Connection Test

Tort: Defences and Remedies

Topic overview Contributory Negligence, Volenti and Other Defences Pecuniary and Non-Pecuniary Losses Injunctions as an Equitable Remedy

Contract: Rules and TheoryContract

Topic overview Freedom of Contract and Contract Formation Exemption Clauses and Contractual Remedies

Formation of a ContractContract

Topic overview Offer, Invitation to Treat and Acceptance Consideration, Privity and Legal Relations The Requirements of Offer and Acceptance The Postal Rule and Termination of Offers The Rules of Consideration Promissory Estoppel and Privity of Contract Intention to Create Legal Relations

Contract TermsContract

Topic overview Express and Implied Terms Conditions, Warranties and Their Remedies The Consumer Rights Act: Goods Exclusion and Limitation Clauses The Consumer Rights Act: Quality and Fitness The Consumer Rights Act: Services

Vitiating FactorsContract

Topic overview What Amounts to a Misrepresentation The Elements of an Actionable Misrepresentation Types of Misrepresentation and Remedies Economic Duress

Discharge of a ContractContract

Topic overview Discharge by Performance Remedies for Breach of Contract Performance, Actual and Anticipatory Breach Frustration of a Contract

Contract: RemediesContract

Topic overview Damages, Specific Performance and Rescission Termination and the Right to Reject

Human Rights: Rules and TheoryHuman rights

Topic overview Article 2 and Article 5: Life and Liberty Article 11 and the Conditions for Restriction Rights, Liberties and Correlative Duties The Scope of Fundamental Human Rights Article 2 Exceptions and the Article 5 Guarantee Interfering with Article 8 Rights Article 10: Freedom of Expression and Its Limits The Human Rights Act and Categories of Rights

Human Rights in International and UK LawHuman rights

Topic overview The Origins of International Human Rights The Convention in UK Law before 1998 The Human Rights Act 1998 Criticisms of Human Rights Law

The European Convention ArticlesHuman rights

Topic overview Freedom of Association and Its Limits Article 2: Justified Deprivation of Life Article 5: Lawful Arrest and Detention Article 8: Private and Family Life Article 11: What It Protects Article 2: Negative and Positive Obligations The Article 2.2 Exceptions in Detail Article 5.1: Liberty and Security of Person Detention under Article 5.1(a) to (c)Article 5.2 to 5.5: Information and Review Article 10.1: Freedom of Expression Which Paragraphs Permit Restriction The Grounds for Lawful Detention Enforcing Rights in Strasbourg and by Judicial Review

Restrictions and EnforcementHuman rights

Topic overview The Common Requirements for Restrictions Legitimate Aims and Proportionality Bringing a Claim to the Strasbourg Court Article 46, Judicial Review and Section 7 Claims Prescribed by Law and Necessary in a Democracy Legitimate Aims for Restricting Articles 10 and 11 Enforcement in Strasbourg and at Home The Two General Conditions for Restriction Legitimate Aims across Articles 8, 10 and 11 Who May Claim and How Rights Are Enforced Supervising Judgments and Judicial Review Remedies

Reform of Human Rights LawHuman rights

Topic overview Replacing the Human Rights Act A British Bill of Rights

Human Rights and English LawHuman rights

Topic overview The Right to Life in English Law Protective Policing and the Osman Test Deprivation of Liberty in English Law Privacy in English Law Expression, Assembly and Association in English Law

Delegated Legislation

3 subtopics
11 things to know
All three papers

What Delegated Legislation covers

Statutory instruments, Orders in Council and by-laws: why Parliament delegates, and the parliamentary and judicial controls on the power it hands over.

Where it is assessed

All three papers

The nature of law and the English legal system, 25 marks on each paper.

Check the AQA specification ↗

The 3 subtopics

Each one has its own page.

What you need to know

Answer each one before you reveal it.

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Key term

What is delegated legislation?

Key term

What are Orders in Council?

Key term

What are statutory instruments?

Key term

How does the affirmative resolution procedure work as a parliamentary control?

Key term

What can courts do if delegated legislation is found to be ultra vires?

Key term

What is the difference between procedural and substantive ultra vires?

Key term

Why is delegated legislation used to deal with emergencies?

Key term

Why is limited parliamentary scrutiny a disadvantage of delegated legislation?

Key term

What is meant by 'lack of publicity' as a disadvantage of delegated legislation?

Process

What is the enabling Act called, and what are Orders in Council and by-laws used for?

Process

How does the negative resolution procedure work, on what grounds does the Scrutiny Committee object, and what can it not do?

Take Delegated Legislation further

The same content, four other ways.

Commonly confused

Pairs that lose marks when they are blurred together.

Statutory instrument vs By-law
Statutory instrument: delegated legislation made by a minister under powers given by an Act. By-law: delegated legislation made by a local authority or public body for its own area.
Enabling Act vs Order in Council
Enabling Act: the parent statute granting the power to make delegated legislation. Order in Council: delegated legislation made by the Privy Council, often in emergencies.
Affirmative resolution vs Negative resolution
Affirmative resolution: control requiring Parliament to approve an instrument before it takes effect. Negative resolution: control under which an instrument takes effect unless Parliament objects.

Questions from this topic

Each one with the model answer underneath.

1
What is delegated legislation?
Model answer
Law made by bodies other than Parliament, under powers granted to them by an enabling Act (parent Act) passed by Parliament.
2
What is the alternative name for the Act that grants power to make delegated legislation?
Model answer
Parent Act (or enabling Act).
3
What are Orders in Council?
Model answer
A type of delegated legislation made by the Privy Council in the name of the monarch.
4
Give three typical uses of Orders in Council.
Model answer
Transferring powers between government departments, bringing Acts into force, and making emergency legislation under the Civil Contingencies Act 2004.
5
What are statutory instruments?
Model answer
A type of delegated legislation made by government ministers using powers delegated to them by Parliament; they are the most common form of delegated legislation.
6
Who makes statutory instruments?
Model answer
Government ministers.

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The Nature of Law

The European Union and English Law

Legal Personnel and the Judiciary

Access to Justice and Funding

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Assault and .

batterywoundingtheft

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AThe defendant must have brought something onto their land.

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Assemble a full-mark answer from its marking points, in the order an examiner wants them.

Wound means a break in both layers of the skin.

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