• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

'Delegated legislation is a necessary evil'. How far is this an accurate assessment of this process of law making?

Extracts from this document...


'Delegated legislation is a necessary evil'. How far is this an accurate assessment of this process of law making? For this essay I will discuss whether delegated legislation is really a necessary evil. Throughout this essay I will write about the advantages and disadvantages and at the end of this essay I will draw up a conclusion on whether delegated legislation is really a necessary evil. Delegated legislation is where and act of parliament is passed, this is known as the parent act or the enabling act, giving someone other then parliament the right to make acts. Bodies that have been given the right to pass the acts are the local government (Local government act 1972) and railway operators (Railways act 1993). Delegated legislation can be split up into three sections; they are statutory instruments, by-laws and orders in council. Statutory instruments can be split up into two sections, the affirmative and negative resolution procedure. ...read more.


However it has been argued that delegated legislation is not democratic. When electing, we elect the people that are to sit in the house of Parliament; these are the people that make the laws for today's society. Delegated legislation is UN-democratic because the bodies that have been given the right to make laws with the parent act, are people that have not been voted for by the public. It can also be said that delegated legislation can be part democratic, this is because people of a certain area have voted for bodies like their local council. In one year 3,000 delegated legislation is passed, because so many are past in one year, the general public is unaware of any laws that have been passed; ignorance of the law is no defence. This means that even though people are unaware of any laws that have been passed, if they break a certain law then they will still be prosecuted. ...read more.


A negative resolution could be passed in which case the statutory instrument becomes void. The second procedure is the affirmative resolution; this is used by Parliament when power given in the parent act is controversial. If this is the case then Parliament may state in the act that the affirmative procedure must be used. The statutory instrument will become effective only if one or both houses pass an affirmative resolution. Thousands of statutory instruments are passed every year. The scrutiny committee, which has members from the House of Lords and House of Commons, looks at these instruments in detail. And draws the attention of parliament if any of the statutory instrument; imposes tax on the public, if the act is designed to be effective retrospectively, if the act is outside the power of the parent act or it is poorly drafted. Parliament has the right to withdraw delegated power from local authorities or bodies. The courts also have power over delegated legislation. If an individual is affected by a delegated legislation. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Sources of Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Sources of Law essays

  1. Jury Essay

    Sometimes a jury will take into account a wider view than simply the judge's summing up, and will reach a verdict influenced by or based on their view of the case presented by the media. This is particularly true of high profile cases, however the fact that the media may

  2. Alternative dispute Resolution

    This says that (a) the object of arbitration is to obtain the fair resolution of disputes by an impartial tribunal without unnecessary delay or expense. Mediation In contrast to arbitration, mediation is a process whereby the parties involved utilize an out-side party to help them reach a mutually agreeable settlement.

  1. "Secondary legislation is a necessary evil" - Discuss.

    In simpler terms, delegated legislation may have minimal publicity, the parliament's control over the legislation is slight, the powers given may be extremely wide and delegated legislation prevents effective control by the courts through the ultra vires. For example, Petroleum Act 1987, gives Secretary State almost unlimited discretion to make regulations relating to abandonment of offshore gas and oil installation.

  2. There are a number of advantages and disadvantages for law making in the Westminster ...

    It is the role of the judicial system to investigate the law to its facts and highlight any comparisons that may have arisen and amend it as necessary. As a result of this they have the power to step in to the making of any policies that they seem fit

  1. Understanding Young People, Law and Order

    They are run by private operators under contracts, which set out detailed operational requirements. There are four STCs in England. Secure children's homes focus on attending to the physical, emotional and behavioural needs of the young people they accommodate. They are run by local authority social services departments, overseen by

  2. Critically evaluate the partial defence of Provocation.

    affect his power of self-control may be attributed to the reasonable man. However, it was concluded from DPP v Camplin, Smith that certain characteristics ought to always be excluded, e.g. bad temper and excitability, because they are contradictory to the concept of the 'reasonable man' (i.e.

  1. unit6 end of unit assignment civil litigation

    This is only, usually, done as a last resort because once an Order in Bankruptcy is made all the assets of the Bankrupt automatically become vested in the Official Receiver in Bankruptcy (or later in a Trustee in Bankruptcy) whose responsibility it is to assess the total liabilities of the

  2. Unmarried fathers and their children - has the law got it right?

    Marriage after birth, Adoption and Surrogacy.15 It is apparent that married parents (both mother and father) enjoy parental responsibility, purely because their child is legitimate. But even then they continue to enjoy it in a variety of circumstances. The question has to be asked whether the concept of 'legitimacy' is actually all that important?

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work