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Explain how parliament delegates to other bodies the power to make legislation. Describe with examples, the different types of delegated legislation.

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Introduction

LAW 1 Wednesday 6 June 2001 am aqa 5a) Explain how parliament delegates to other bodies the power to make legislation. Describe with examples, the different types of delegated legislation. Delegated legislation is law made by some person or body other than Parliament. The authority to do this is usually laid down in a statute known as a 'parent' act of parliament, which is also known as an enabling act. This creates the framework of the law in that area and then delegates power to others to make more detailed law in that area. The different types of delegated legislation that exist are: * Statutory Instruments Ministers and Government departments create Statutory Instruments, which are pieces of legislation that relate to the work of that department. Thus the Lord Chancellor was given power regarding the Legal aid schemes, while the minister for transport will be able to deal with necessary road traffic regulations. ...read more.

Middle

An example of an incident which was covered by orders in council was the foot and mouth crisis. b) Delegated legislation is controlled by both parliament and the courts. Describe how both these methods of control work and consider how effective they are. Initially Parliament has control with the enabling act which sets the parameters within which the delegated legislation is to be made. The Joint Select Committee on Statutory Instruments also known as the Scrutiny Committee is responsible for reviewing all Statutory Instruments and, where necessary, will draw the attention of Parliament to points that need further consideration. Although this is the most effective form available for checking an SI, the scrutiny committee can only report back its findings; it has no power to alter any Statutory Instrument. It has been found in the past that crucial findings of the committee were ignored by ministers. ...read more.

Conclusion

The question as to the validity of the piece of delegated legislation may be raised through the judicial review procedure in which the case will be taken to the Queen's Bench Division of the High Court where a High Court judge will express opinion as to whether the legislation is in order or not, or it may arise in a civil claim between two parties. Any delegated legislation which is ruled to be Ultra Vires is void and not effective. This was illustrated by R v Home Secretary, ex parte fire brigades union (1995). Control by the courts is generally effective as the courts will presume that unless expressed in the enabling act there is no power to do the following. 1. Make unreasonable regulations 2. Impose Levy Taxes 3. Allow for sub-delegation 4. Follow unauthorised procedures This provides justice for those who are wronged by delegated legislation and restricts the power of those who make delegated legislation. ...read more.

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