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

Exercise on Delegated Legislation

Extracts from this document...

Introduction

Exercise on Delegated Legislation (a) The three main types of delegated legislation are identified in the source as Statutory Instruments, Bye-laws and Orders in Council. Delegated legislation is legislation made by a body other than Parliament, it is sometimes referred to as secondary legislation. Statutory Instruments are the most common form of delegated legislation. They are made by government ministers and departments who are given authority to make regulations for areas under their particular responsibility. Therefore the Minister for Transport would be able to deal with necessary road traffic regulations, because they come under the Ministers for Transports' responsibility. The authority is given to the government ministers by an Enabling Act, also known as a Parent Act. An example of a Parent Act is the Disability Discrimination Act 1995, which amongst other things gives the Secretary of State powers to make regulations about the employment of disabled people. Statutory Instruments make up a large part of delegated legislation, over three thousand are made per year, compared to only seventy acts. ...read more.

Middle

appearing to him being representative of substantial numbers of employers engaging in the activity concerned'. He failed to consult the Mushroom Growers' Association, which represented about 85% of all mushroom growers, but did consult the National Farmers' Union (NFU) who were also affected by the order. This meant that his order to establish a training board was invalid as against mushroom growers, but valid to the farmers, as the NFU were consulted. Substantive Ultra virus is when the minister goes beyond the power set to them in the Parent Act. This can be highlighted by the Customs & Excise v Cure & Deeley ltd (1962). In this case the government minister had set taxes, which cannot be done by delegated legislation because only an elected body can set taxes or charges. The third reason why delegated legislation can be challenged in the courts is Unreasonableness. A piece of delegated legislation is deemed unreasonable if it makes unreasonable regulations. For example in the Strictland v Hayes Borough Council (1896), when a bylaw prohibiting the singing or reciting of any obscene song or ballad and the use of obscene language ...read more.

Conclusion

A second criticism would be that of sub-delegation, which means that authority to make law is passed down so people do not always feel the right people are making the law. There is a certain lack of publicity with delegated legislation, which means at times people are not sure of what the law is at the present time. The final criticism is Obscure wording, which results in confusion, as it can be difficult to understand. (d) (i) The situation might be subject to challenge in the courts because it appears to be unreasonable. There is a of unreasonableness therefore substantive ultra virus as it is discriminating against people arriving from the less wealthier regions; Asia, Africa and Latin America. It is preventing migrants from entering, not just the economic migrants who are the ones it is set to prevent. (ii) This situation might be subject to challenge in the courts because there is a fair case of Procedural Ultra virus, as the Home Secretary has not followed the correct procedure and consulted local authorities and held meetings with local residents. Instead the Home Secretary has provided a camp near a town without consulting the local council or holding a public meeting. Bhavesh Dhulashia ...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. Describe the different types of delegated legislation, explaining how the power to make them ...

    Delegated legislation was also subject to a judicial review in R v SoS Health Ex P Pfizer Ltd (1999) where it was argued that the Enabling Acts- National Health Services Act (1977)

  2. DELEGATED LEGISLATION

    Williamson 1873) The duty to publish is directory (R. v. Sheer Metalcraft Ltd. 1954) An unfair consultation process can lead to the instrument being quashed, as in R. v. Secretary of State for Health, ex parte U. S. Tobacco International Inc.

  1. What is meant by Delegated Legislation?

    This happens very rarely, however there are several examples in recent times. These include the foot and mouth crises and the fuel protests. Decisions were made by the Privy Council and the Queen in order for immediate action to be taken to resolve the crisis.

  2. An exercise on Delegated Legislation

    Overall Orders in Council are more important than By-laws because they affect the general society well as By-laws only affect a small proportion of the society that's the relevant to only that department. By-laws are also one of the forms of delegated legislation.

  1. Customer Protection Legislation.

    The act goes been further in ensuring that customers are protected from damage or injury caused by faulty goods. In addition to the manufactures themselves, importers are also liable, as are sellers who put their own brand name on goods, manufactures by someone else.

  2. Legislations and regulations in sport

    The Health and Safety at Work Act 1974 established the Health and Safety Commission and the Health and Safety Executive. The Commission is responsible for advising and authorising research and suggestions on putting into effect the provisions made in the Health and Safety at Work Act, as well as suggestions

  1. Explain the different aspects of delegated legislation. Analyse the degree of scrutiny by Parliament ...

    This point was made clear by Lord Denham CJ, in Stockdale v Hansard (1839), who said: '...The House of Commons is not Parliament but only a co-ordinate and component part of the Parliament. That sovereign power can make and unmake the laws; but the concurrence of the three legislative estates

  2. What are the advantages & disadvantages of secondary legislation.

    by an Order of Council in the former case or by statutory instrument in the latter (2) Delegation made after 1947 under powers conferred by an earlier Act and formerly governed by the Rules Publication Act 1893 Regulation or order made prior to 1946 may still come into force as statutory instruments if they meet the criteria of pre-existing legislation.

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