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

Explain how and why Parliament delegates to other bodies the power to make legislation.

Extracts from this document...


Explain how and why Parliament delegate to other bodies the power to make legislation. Delegated legislation is law made by some person other or body other than Parliament, but with the authority of parliament. This authority is usually laid out in the Enabling Act or better known as the 'Parent' Act, this creates the framework of the law and then it delegates its power to others to make more detailed law in that particular area. Examples of Enabling Acts include Access to Justice Act 1999, which gives the Lord Chancellor broad powers to alter various aspects of the legal funding schemes. ...read more.


The second way to delegate legislation is by Statutory Instruments, where by Ministers and their government departments are given the authority to make regulations for areas under their responsibility. Thus the Lord Chancellor was given power regarding Legal Aid Schemes. The use of statutory Instruments is a major method of Law-making. As there are about 3000 statutory instruments made each year. Lastly, the final was to make delegated legislation is by using Bylaws, these can be made by local authorities to cover matters within their own areas. ...read more.


In addition Parliament may not have the required technical expertise or knowledge for example health and safety in different industries need different expert advice. While legislation of local matter need to be dealt with by someone with local knowledge. The process of passing an Act of Parliament can take a considerable amount of time, an in an emergency, Parliament may not be able to pass an Act in enough time. This is another reason why legislation is delegated. Delegated legislation can also be amended or revoked quite easily when necessary, so that the Law may be kept up to date, and Ministers can respond to new or unforeseen situations by amending or amplifying Statutory Instruments. Rebecca Hallett 12b ...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. Explain how and why parliament delegates its law making powers to others.B) ...

    So, for example, in the case of road traffic regulations, ministers would be likely to seek the advice of police, local authorities, motoring organisations etc. before making the rules. Also, whenever delegated legislation is made, it should always be published, to make it available for public scrutiny.

  2. Explain how parliament delegates to other bodies the power to make legislation. Describe with ...

    * Orders in Council The Queen and the Privy Council have the authority to make Orders in Council under the Emergency Powers Act 1920, but this authority will usually only be exercised in times of emergency when parliament is not sitting.


    eligible to speak. Statutory instruments are only referred thereto when a minister moves to do so. If a minister does do so, then the motion will succeed unless 20 members object. In addition to the Committee scrutiny, one other important opportunity for scrutiny is during the normal consideration of Bills, since the potential

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

    During that time, both Houses have the opportunity to examine it. If neither House passes an annulment or negative resolution then the instrument will stand. However if either of the two Houses pass an annulment or negative resolution, the instrument will cease to have effect.

  1. Describe, using examples the different forms of delegates legislation as a source of law

    Bye-Laws of Local Authorities, this type of delegated legislation is made by the local authorities for example County Councils, to deal with matters within their area under powers given to them in Acts of Parliament; however they require the approval of the appropriate minister.

  2. Public law - Acts of parliament

    Hence, the dominion's courts might ignore any Act of parliament purporting to apply to a dominion, but passed without the consent and request of that dominion. However, parliament might first repeal s4 statute of Westminster 1931, but as Lord Sankey observed in British Coal Corporation v R [1935] A.C 500 that is theory and has no relation in realities.

  1. An exercise on Delegated Legislation

    So the employer is liable for not having carried out their duty well. If this employer has got consideration for his employee he might even consider the use of Regulation3 because he can offer Amir the chance to have an eye test if he wishes just so he can prevent any later health and safety issues.

  2. Legislations and regulations in sport

    Personal Protective Equipment Regulations 1992 Part of the EC 6-pack, became effective on 1 January 1993. It requires that individual protection is provided for any staff required to use potentially hazardous equipment or work in hazardous areas. The use of PPE should only be considered where danger cannot be controlled

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