Legislative powers

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What is a public authority?There is no single, universal answer to the question whether a particular organisation is treated, in law, as a public...
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Produced in partnership with Carl Gardner 19th May
Practice notes
The supremacy of EU lawIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into...
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Produced in partnership with Adam Cygan of University of Leicester 19th May
Q&As
What is Wednesbury unreasonableness?Public authorities generallyPublic authorities are constrained in their actions as they are required to act in...
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19th May
Practice notes
Indirect effect of EU lawWhat is indirect effect of EU law?The doctrine of indirect effect, or consistent interpretation, is a duty that national...
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Produced in partnership with Laura Bolado of Andes Legal Consulting Ltd 19th May
Practice notes
Convention rights—structure of qualified rightsThe rights preserved under the European Convention on Human Rights (ECHR), as set out in the Human...
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Produced in partnership with Alexander Campbell of Field Court Chambers 19th May
Practice notes
Judicial review—time limits and the pre-action protocolWhen considering whether and how to bring a claim for judicial review, the first step is to...
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Produced in partnership with Matthew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 19th May
Practice notes
Brexit—exiting the EU under Article 50 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note contains...
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Produced in partnership with Adam Cygan of University of Leicester 19th May
Q&As
What is fettering of discretion in judicial review? When is it an actionable ground of challenge and what must be established for a challenge to...
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Produced in partnership with Jamas Hodivala of Matrix Chambers 19th May
Practice notes
Costs for judicial review—general principlesGeneral rule on costs in judicial reviewThe general rule in relation to costs in judicial review, as in...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 19th May
Practice notes
Judicial review—what it is and when it can be used—Scotland [Archived]ARCHIVED: This Practice Note has been archived is not maintained. For...
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Produced in partnership with Carolyn Morgan of Harper Macleod LLP 19th May
Practice notes
Judicial review—what it is and when it can be usedWhat is judicial review?Judicial review is a process by which the courts exercise a supervisory...
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Produced in partnership with Mathew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 19th May
Practice notes
Brexit legislation trackerThis Practice Note tracks the progress of UK legislation introduced as part of the legislative project associated with the...
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19th May
Practice notes
Parliamentary supremacy—implied repealIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period...
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Produced in partnership with Carl Gardner 19th May
Practice notes
Secondary or delegated legislationLegislationThe English legal system is based upon two primary sources of law:•legislation, and•case law, or common...
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19th May
Practice notes
Parliamentary privilege and the Bill of Rights 1688Arguably the most significant of these ‘statutory’ aspects of parliamentary privilege is freedom of...
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Produced in partnership with Carl Gardner 19th May
Practice notes
Sources of constitutional lawIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered...
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Produced in partnership with Carl Gardner 19th May

Most recent Legislative powers content

Practice notes
Consultation: requirement and processAny consultation exercise carried out by a public authority in relation to a proposed decision must be conducted...
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9th Jun
Practice notes
Components of an ActThis Practice Note is concerned only with the structure of UK legislation passed by, or processed through, the UK’s four...
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Produced in partnership with Alison Gorlov of Winckworth Sherwood 6th Jun
Practice notes
Process of creating an ActBillA Bill is a proposal for a new law or a proposal for an amendment to an existing law which is presented to Parliament...
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6th Jun
Practice notes
Obligation to transpose and process EU DirectivesThe transposition of EU Directives is the process by which EU Member States give effect to Directives...
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Produced in partnership with Adam Cygan of University of Leicester 5th Jun
Q&As
What is the purposive approach to statutory interpretation?Purposive (teleological) constructionThe purposive approach has its roots in legal systems...
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5th Jun
Practice notes
Ministerial powers to implement EU directives [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.EU legislation which is...
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Produced in partnership with Adam Cygan of University of Leicester 5th Jun
Practice notes
Good practice considerations in legislation draftingThe 21st century has produced giants of primary legislation such as the Companies Act 2006 with...
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Produced in partnership with Alison Gorlov of Winckworth Sherwood 5th Jun
Practice notes
Methods of statutory interpretation used to resolve ambiguities in legislationIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the...
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5th Jun
Practice notes
Human rights and statutory constructionThere are three main canons of statutory construction relevant to the protection of human rights in the UK:•the...
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Produced in partnership with Alexander Campbell of Field Court Chambers and Eric Metcalfe of Monckton Chambers 5th Jun
Practice notes
Parliamentary scrutiny of EU legislation [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.Brexit: This Practice Note...
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Produced in partnership with Adam Cygan of University of Leicester 5th Jun
Precedents
Transposition table (EU legislation) [Archived]EU acquisUnited Kingdom legislation[Insert full title of the EU legislation including reference to the...
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Produced in partnership with Adam Cygan of University of Leicester 5th Jun
Q&As
Is it possible to access previous versions of legislation that have been amended or revoked statutory instruments etc?Online historical versions for...
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5th Jun
Precedents
Explanatory memorandum (EU legislative proposals) [Archived]Legal baseThe Proposal has a legal base: [insert legal base][insert legal base] provides...
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Produced in partnership with Adam Cygan of University of Leicester 5th Jun
Q&As
To what extent are references in contracts to UK legislation and EU legislation affected by the European Union (Withdrawal) Act 2018?Where a contract...
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Produced in partnership with Eleonor Duhs of Fieldfisher and Indira Rao MBE of Counsel for EU and International Law, House of Commons 5th Jun
Q&As
What is the legal basis and effect of revoking UK legislation?What does it mean to repeal legislation?To repeal a piece of legislation revokes or...
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5th Jun
Q&As
What is the effect/rule for interpreting legislation that specifically refers to enactments that have been repealed and replaced? Should the...
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5th Jun
Practice notes
Secondary or delegated legislationLegislationThe English legal system is based upon two primary sources of law:•legislation, and•case law, or common...
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5th Jun

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