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Delegated legislation

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Introduction

Delegated legislation Delegated legislation Delegated legislation is legislation that is made by some other power than parliament, but with the authority of parliament. This is authority usually laid down in a 'parent act', or 'enabling act'. An example of enabling act is the disability discrimination act 1995 which gave the secretary of state powers to make regulations with regard to the provision of services and discrimination in employment and the employment act 2002 Reason for delegated legislation It would clearly be impossible for parliament to enact every minor detail of the legislation which it whished to pass and therefore it gives power to other bodies to enact subsidiary legislation under its own parliamentary authority. The main reason for delegated legislation is, therefore, save parliament time. It is particularly useful when the matter at hand either very detailed or very complicated and, as a result, very time-consuming. As the enabling act creates frame work for the legislation and then delegates to others the power to devise the detail. Delegated legislation may also be used in an emergency, as it enables the government to act quickly. ...read more.

Middle

Control of delegated legislation Control may take just two forms; by parliament and by the courts (judicial control). Parliament keeps a watchful eye on delegated legislation by imposing conditions upon its passing, such as consultation with various interested parties; publications by either the affirmative resolution procedure(whereby the enabling act may require parliaments express approval before a piece of delegated legislation becomes law0 or by negative resolution (whereby an M>P can call for a motion to annual a piece of legislation within the specified time, usually 40 days); supervision by parliament committees & questions by M.P's The courts cannot challenge the validity of an act of parliament, but can challenge a piece of delegated legislation on the grounds of: 1. Procedural ultra Vires; where it is alleged that the procedure for making that piece of D.L has not been followed to the letter; see THE AYLESBURY MUSHROOMS CASE [1972] 2. Substantive Ultra Vires; where it is claimed that the piece of D.L. under scrutiny has gone "beyond the powers" allotted it by the enabling act see ATT-GEN. V FULHAM CORPORATION [1921]; 3. Unreasonableness- i.e. if the piece of delegated legislation has come about through some form of malpractice [such as bias or financial interest]. ...read more.

Conclusion

Advantages and disadvantages of delegated legislation Advantages the advantages of delegated legislation are founded on the main disadvantage of the procedure for enacting an act of parliament which can be very lengthy procedure. Delegated legislation, in its three forms, can be brought into effect quickly as the procedures for brining it in are much less onerous. Also, it is brought into effect with the benefit of expertise in the area concerned. For example, the local council knows local problems and which areas need some protection via by-laws, e.g. to prevent parking on the grass verges. Disadvantages delegated legislation does have some disadvantages but theses do not out weigh the stated advantages. The main disadvantages are that through this system new laws come into effect by a process which is not totally democratic. The electorate voted in parliament to make laws and yet about 3,000 statutory instruments are effected very year by non-elected ministers or civil servants. However, without delegated legislation, it is hard to imagine how all laws needed in any one year could be effected. Another major disadvantage is that it is very difficult to keep track of all new forms of delegated legislation issued each year which means that the law is perhaps not as accessible as it should be. ...read more.

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