Key term
OCR A-Level Law H418
Civil Courts and Other Forms of Dispute Resolution
Criminal Courts and Lay People
Legal Personnel
Access to Justice
Rules and Theory of Criminal Law
General Elements of Criminal Liability
Fatal Offences Against the Person
Non-Fatal Offences Against the Person
Offences Against Property
Mental Capacity Defences
Preliminary Offences
Evaluation in Criminal Law
Parliamentary Law Making
Delegated Legislation
Statutory Interpretation
Judicial Precedent
European Union Law
Rules and Theory of Tort
Liability in Negligence
Occupiers’ Liability
Torts Connected to Land
Vicarious Liability
Defences
Remedies in Tort
Evaluation in Tort
Introduction to the Nature of Law
Law and Society
Rules and Theory of Human RightsHuman rights
Protection of the Individual’s Human Rights and Freedoms in the UKHuman rights
Key Provisions of the European Convention on Human RightsHuman rights
Human Rights and English LawHuman rights
Enforcement of Human Rights LawHuman rights
Evaluation in Human RightsHuman rights
Rules and Theory of ContractContract
FormationContract
Vitiating FactorsContract
Remedies in ContractContract
Evaluation in ContractContract
Delegated Legislation
- 3 subtopics
- 10 things to know
- Component 2
What Delegated Legislation covers
Law made by bodies other than Parliament under powers Parliament has granted, and the controls on it.
Where it is assessed
Component 2
Law making, Section A of the second paper.
Check the OCR specification ↗The 3 subtopics
Each one has its own page.
- Types of delegated legislationRecall questions on what delegated legislation is and on Statutory Instruments, by-laws, Orders in Council, Legislative Reform Orders and Henry VIII powers, including their use for the coronavirus regulations.Open →
- Parliamentary and judicial control of delegated legislationRecall questions on control through the enabling Act, the affirmative and negative resolution procedures and scrutiny committees, on judicial review for procedural and substantive ultra vires and Wednesbury unreasonableness, with Aylesbury Mushrooms and the Fire Brigades Union case, and on how effective each control is.Open →
- Advantages and disadvantages of delegated legislationRecall questions on why Parliament delegates law making, the advantages of speed, flexibility, expertise, local knowledge and saving parliamentary time, and the disadvantages of limited scrutiny, weak democratic accountability, volume and lack of publicity.Open →
What you need to know
Answer each one before you reveal it.
Your recallNot started
Key term
Compare the three main forms of delegated legislation.
Evaluation
Why is judicial control of delegated legislation considered effective?
Evaluation
Which Act containing Henry VIII powers was used to make coronavirus regulations during the COVID-19 pandemic?
Key term
What is delegated legislation?
Key term
What are Legislative Reform Orders?
Process
What is the Negative Resolution Procedure?
Process
Why might affected parties be unaware of new delegated legislation?
Process
Why does Parliament delegate power to make detailed rules?
Process
Why is specialist expertise a reason for using delegated legislation?
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 for its own area.
Enabling Act vs Order in Council
Enabling Act: the parent statute granting the power to legislate. 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 by an enabling (Parent) Act of Parliament.
- 2
What are Legislative Reform Orders?
Model answer
A type of delegated legislation that allows ministers to amend or repeal primary legislation to remove regulatory burdens.
- 3
Which Act grants power to make Legislative Reform Orders?
Model answer
The Legislative and Regulatory Reform Act 2006.
- 4
What are Henry VIII powers?
Model answer
Clauses in a Parent Act that allow ministers to amend or repeal provisions of primary legislation through delegated legislation.
- 5
Which Act containing Henry VIII powers was used to make coronavirus regulations during the COVID-19 pandemic?
Model answer
The Public Health (Control of Disease) Act 1984 (as amended).
- 6
What are Orders in Council?
Model answer
Delegated legislation made by the Privy Council, formally approved by the monarch, used for constitutional matters or emergencies.
What is inside Levo
Six ways to work the same material.
Delegated Legislation revision questions
- What does Delegated Legislation cover in OCR A-Level Law?
- 3 subtopics: types of delegated legislation, parliamentary and judicial control of delegated legislation and advantages and disadvantages of delegated legislation. Each one has its own page with questions and model answers.
- How is Delegated Legislation organised?
- By the OCR H418 specification, subtopic by subtopic, so it matches the order you are taught it in.
Every question in Delegated Legislation, on a schedule.
Attempt a question from memory, write the correct version, then attempt it again. Levo records the jump between your first attempt and your last, and brings each question back on the day you are due to forget it.
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