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An exercise on Delegated Legislation

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Introduction

An exercise on Delegated Legislation. Part A Delegated legislation is laws made by other bodies other than the parliament but with the authority of the parliament. * Local authority * Government minister * Professional body. The reason why the above bodies have to get permission from the parliament is because they are inferior to the parliament as they are the supreme lawmakers in the UK with no legal limits to their power also known as parliamentary sovereignty. If in case any body tries to pass a legislation without the parliaments concern, they are liable under the law because they usurping parliamentary powers. These are the main types of delegation. * Orders In Council. * Bylaws. * Statutory Instrument. Referring to source A (at lines 8-9) mentions Orders In Council and Bylaws. In detail, Orders In Council are laws made by the government in times of emergency, when the parliament cant be in sitting together. The relevant government department, approved by the Privy Council that deals with mainly common wealth issues and signed by the queen, drafts them. Order In Council is issued when a statue provides authority or permission to the lieutenant governor in the Privy Council to carry out certain actions or responsibilities i.e. ...read more.

Middle

also just bear in mind about regulation1 because if the employer had carried a suitable and sufficient assessment to assess any health and safety risks", then may be he/she would have taken action to reduce those risks to the lowest extent possible. Even to consider Regulation 2, if only the employer had tried to plan some activity or beak changes for their employees to get away from the computer screen. The best solution to suit Julia is the informal break away from the screen for a short period each hour to ease her eyes. Part C Statutory instrument is also another body part that makes up delegated legislation. This is law made by government departments to apply only to those departments, in other words these types of legislation are made to relate to their particular work departments. This type of legislation plays a very major role in the society proportionally around 3000 laws is passed at the end of the year. The London underground may want to pass a new law. For this to happen, it will require of them going back to their departments, firstly identifying the statue, secondly analysing the statute, from their feedback they can then reform a new law out of the original law. ...read more.

Conclusion

I think it sounds abit biased because sometimes these civil servants can try change the law to their own interest. Because delegated legislation has a lot of cases to deal with and as soon as possible so sometimes when the pressure is too hard they pass on some of their work to their secretary/p.a to deal with the cases. This is referred to as sub-delegation because the people that deal with the case don't have the original power to do so. This doesn't look good to the public. There's a lack of control over delegated legislation because in reality the effective supervision over it is very difficult. First publication has only limited benefits, given the general public are frequently unaware of the existence of delegated legislation, let alone on what grounds it can be challenged and how to go about doing so. The obvious result is that the legislation which largely affects a class of individuals who are not given questioning of official rules, are unaware of their rights, or they lack financial resources to go to court and therefore will rarely be challenged. From my point of view I like the idea of delegated legislation because it saves a lot of time and adapts to changes of our day- day lives. I believe it plays a major and good role in the society. ...read more.

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