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EnglandLegal StudiesQuick questions
Law Making (Component 1)
Quick questions on Delegated legislation - Eduqas A-Level Law Component 1
3short Q&A pairs drawn directly from our worked dot-point answer. For full context and worked exam questions, read the parent dot-point page.
What are judicial controls?Show answer
The courts control delegated legislation through judicial review. A court can declare an instrument ultra vires (beyond the powers granted) if its content exceeds the power (substantive ultra vires), if the correct procedure was not followed (procedural ultra vires, as in R v Secretary of State for Health, ex parte United States Tobacco, or the consultation failure in the Aylesbury Mushroom case), or if it is unreasonable in the Wednesbury sense.
What is q1?Show answer
Explain the three types of delegated legislation. [10 marks]
What is q2?Show answer
A minister makes a statutory instrument without carrying out the consultation the enabling Act requires. Advise whether the instrument can be challenged. [15 marks]
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