Essay on Delegated Legislation
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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 Some statute have included "Henry VIII Clauses", which allow primary legislation to be amended or repealed by secondary legislation without parliamentary scrutiny, for example the Criminal Justice Bill 1990, which allowed criminal offences to be added or removed by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
Delegated Legislation Essay
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
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