LAW1111 Lecture Notes - Lecture 7: Syllogism, Ultra Vires, Primary And Secondary Legislation
22 Aug 2018
School
Department
Course
Professor
Document Summary
Legislation made by person or body other than parliament that is authorised by. Governor, governor general, minister and/or her department, statutory authorities: e. g. Regulations, by-laws, orders, statutory instruments, ordinances and proclamations: they are just as binding as statutes but subordinate to statutes. Subordinate legislation act 1994 (cid:523)vic(cid:524) (cid:523)(cid:494)sla(cid:495)(cid:524) makes provision for: preliminaries to making statutory rules, making/commencement, notification and publication, tabling in parliament; and, parliamentary scrutiny. Parliamentary scrutiny: tabling in both houses of parliament, examination by scrutiny committee, disallowance by either house of parliament, disallowance means the rule is revoked, committee may suspend statutory rule. Delegated legislation and ultra vires: since it is subordinate to the empowering act it must not be inconsistent, delegated legislation is authorized by a (cid:494)parent(cid:495) or (cid:494)empowering(cid:495) act. Law which is concerned with the limits of the exercise of public power: you will study the concept of ultra vires in some depth in administrative with it.
