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

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Introduction

'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.

Middle

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.

Conclusion

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.

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