• Home   /  
  • Archive by category "1"

Delegated Legislation Essay Help

Essay on Delegated Legislation

1046 Words5 Pages

Delegated Legislation

Delegated legislation is the result of law making powers under the Act of Parliament, but it can be made under the royal perogative.Parliament the superior body delegates power to the inferior bodies which are the ministers, local goverments and courts to make laws under their jurisdiction. Parliament passes the enabling act or the parent act which confer law making power to these inferior bodies.

There are three types of delegated legislation which are the orders in council, by laws and statutory instruments. Orders in council are made by the privy council which consists of the cabinet ministers, the prime minister and the Queen. The privy council is called…show more content…

These powers were given to these departments and ministers by the parent act. All the government departments are headed by a ministers that has been elected to make law. Some statute have included "Henry VIII Clauses", which allow primary legislation to be amended or repealed by secondary legislation without parliamentary scrutiny, for example the Criminal Justice Bill 1990, which allowed criminal offences to be added or removed by instrument.

Delegated legislation is neccesary in the form of law making, because it saves parliamentary time. The formal procedure for enacting legislation can be both slow and cumbersome. If parliament itself attempted to enact all the legislation necessary to govern the whole realm, it would causes the ineffectiveness in the legislative process. By delegating the formulation of detailed rules and regulations to subordinate authorities, parliament can concentrate its attention on discussing the essential part of legislation.

It also need to deal with future contingencies. When a new piece of legislation is being enacted, parliament cannot forsee all the possible contingencies that may affect the operation of that particular statute in the future. These are mostly concerned with the health provision and welfare benefits. By delegating power to the relevant

Show More

Delegated Legislation Essay

Delegated Legislation

An enabling Act of parliament authorises somebody else or another
organisation other than parliament to make laws. This form of
legislating is called 'delegated legislation'. These powers that have
been granted to certain bodies are exercised through statutory
instruments, orders in Council, or bye-laws. Examples of delegated
legislation by a local authority are the legislating of a Bye-law,
made by Bristol city council concerning the fouling of pavements by
dogs. This delegated legislation by the council stemmed from the Local
government Act 1972. An example of an individual possessing delegated
legislative powers was where the secretary of State created Motor
cycles (protective Helmets) Regulations 1980, stemming from the parent
act - Road Traffic act 1988.

When parliament delegates legislation, the powers by the delegated
authority are chosen by parliament when setting the enabling act.
Before an individual, such as a government minister or another
authority that possesses legislative powers, can make an act, they may
have to undergo consultations with specified organisations or people.
This allows them to point out any faults with the proposals. When
ministers are delegated legislative power, parliament requires them to
submit the statutory instrument or a draft of it so select committees
from both houses can scrutinise it carefully. These committees report
back to parliament with its investigations, paying particular
attention to statutory instruments that impose taxes; makes a charge
on the Revenue; appears to be immune from court challenges; purports
to operate retrospectively; has been unreasonably delayed in
publication; makes unusual or unexpected use of powers granted;
appears to be ultra vires the parent Act-extras that have been added
but are not permitted; and a statutory instrument that appears to be
badly drafted leading to confusion.

For parliamentary approval the enabling Act may require an affirmative
resolution of each house, especially where powers are wide ranging as
in the Human Rights act 1998. The Statutory instrument may be subject
to annulment by either house within 40 days. This is the usual process
when parliament is giving its approval, but few are actually debated
and hardly ever annulled. When legislative powers are granted to
individuals other than ministers under the enabling Act, Ministerial
approval is a required part of the legislative process.

As well as parliament, the judiciary possess control over parties who
have legislative powers. The High Court has an "inherent
jurisdiction", to monitor and supervise anyone exercising delegated
power. This process occurs in the Administrative Court, which is part
of the...

Loading: Checking Spelling

0%

Read more

Parliament and Parliamentary Sovereignty Essay

1808 words - 7 pages Parliament and Parliamentary Sovereignty When we talk about 'Parliament' and 'parliamentary sovereignty' what exactly do we mean? Firstly we must take the word 'Parliament' to mean not the actual Houses of Parliament themselves but instead the Acts passed by Parliament with the consent of the Commons, Lords and the Queen....

Separation of Powers Essay

1349 words - 5 pages The separation of powers is defined as a doctrine where the political system of a nation divides its governmental powers into separate institutions. In Australia, governmental powers are divided into three separate institutions. These are the legislature, the executive and the judiciary. In theory, the ideas of the separation of powers is to avoid one body of government from obtaining too much power and, hence, creating an arbitrary system of...

Ratification of Constitution

982 words - 4 pages The Constitution has been operative since 1789 after the ratification of nine states (American Vision and Values, Page 52). Today many question the relevancy of a document 222 years old to our society. The Founders created a governmental framework, defining three branches and giving powers to the government and others to the states. It also guarantees the rights of the people. It took two and one-half years for the 13 colonies to ratify the...

History and Laws behind the Federal Food and Drug Act of 1906

2048 words - 8 pages History and Laws behind the Federal Food and Drug Act of 1906 As one of the primary federal consumer-protection laws in existence today, The Federal Food and Drug Act of 1906 was a law that had two primary goals for food and drugs: (a) forbid harmful ingredients and additions and (b) demand labeling of ingredients to inform consumers. According to Janssen...

The New Deal in the US

973 words - 4 pages The New Deal was assumed by most to be totally constitutional, however this might not be the total picture. Some of the legislation passed in the Hundred Days of emergency during 1933 blatantly defied parts of the constitution. In some cases, the President was given authority that was delegated specifically to the legislative branch. Franklin D. Roosevelt had just beat Hoover in a presidential election just under five months before he...

This essay is about the political framework of Islam. It talks about the basic principles and happenings in Islam's government.

572 words - 2 pages The Political Framework of IslamThe political system of Islam is based on the three principles of towhid (Oneness of Allah), risala (Prophethood) and Khilifa (Caliphate). This right rests only with Allah. This principle of the Oneness of Allah makes meaningless the concept of the legal and political sovereignty of human beings. No individual, family, class or race can set themselves above Allah. Allah alone is the Ruler and His...

Anti-rape Legislation and the Commerce Clause

1262 words - 5 pages The issue at stake is whether the rape of a female student by two male athletes (who have confessed to committing the crime) at the Virginia Polytechnical Institute in the year 2000 was a violation of a law passed via the Commerce Clause. A Federal law had been passed (43 U.S.C. 13981) which allowed victims of “gender motivated violence” (such as this student) to seek damages in a civil action through Federal court. The victim has since filed the...

The American Foreclosure Crisis

2236 words - 9 pages Foreclosure is a dreadful aspect of home-owning. The American foreclosure crisis, and its subsequent economic recession, was caused by lateral misguidance on part of private banks, the federal government, and by the millions of people who purchased their homes on credit. Over 900,000 foreclosures have occurred in California alone, making its foreclosure rate the largest and most formidable; as a result of the housing downturn, private banks like...

Government Run Healthcare

1284 words - 5 pages The framers of the Constitution diligently worked to limit the powers of the national government. The Tenth Amendment affirmatively provided all powers not “delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people” (Hall & Feldmeier, 2009, p. 139). The framers intent was to well define the extent of the national governments authority. This authority...

Thomas Jefferson

954 words - 4 pages Thomas Jefferson Thomas Jefferson's ideals and beliefs were derived from a deep regard for life, liberty, and freedom. His concept of individual freedoms strongly disagreed with the notion of a "guided republic" which he believed concentrated a great deal unchecked power among a few people. This could have the potential of tyrannical government that might suppress personal freedoms of any kind especially those of religion, which Jefferson...

The Constituion is a bundle of compromises

980 words - 4 pages It has been said that the constitution is bundle of compromises. It is my belief that this statements validity is very high. By human nature we do not agree with every idea that is presented to us. When a group of people gets together to make important decisions, there are bound to be constant arguments. Through the use of chronological historical evidence it will become evident in this discussion that during the secretive meeting of the...

One thought on “Delegated Legislation Essay Help

Leave a comment

L'indirizzo email non verrà pubblicato. I campi obbligatori sono contrassegnati *