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Explain, using examples, what is meant by delegated legislation. Describe how delegated legislation is controlled by both judges and Parliament.

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(a) Explain, using examples, what is meant by delegated legislation. Describe how delegated legislation is controlled by both judges and Parliament. An enabling Act of parliament authorises somebody else or another organisation other than parliament to make laws. This form of legislating is called 'delegated legislation'. These powers that have been granted to certain bodies are exercised through statutory instruments, orders in Council, or bye-laws. Examples of delegated legislation by a local authority are the legislating of a Bye-law, made by Bristol city council concerning the fouling of pavements by dogs. This delegated legislation by the council stemmed from the Local government Act 1972. An example of an individual possessing delegated legislative powers was where the secretary of State created Motor cycles (protective Helmets) Regulations 1980, stemming from the parent act - Road Traffic act 1988. When parliament delegates legislation, the powers by the delegated authority are chosen by parliament when setting the enabling act. ...read more.


The Statutory instrument may be subject to annulment by either house within 40 days. This is the usual process when parliament is giving its approval, but few are actually debated and hardly ever annulled. When legislative powers are granted to individuals other than ministers under the enabling Act, Ministerial approval is a required part of the legislative process. As well as parliament, the judiciary possess control over parties who have legislative powers. The High Court has an "inherent jurisdiction", to monitor and supervise anyone exercising delegated power. This process occurs in the Administrative Court, which is part of the Queen's Bench division. However, even though the High Court has automatic control, the validity of delegated legislation can be challenged in ordinary criminal and civil proceedings. A judge can reject delegated for a number of reasons; if it is 'ultra vires', where the delegated body has gone beyond its granted legislative powers, as in the case of R v Wood. ...read more.


Delegated legislation allows the parties who are involved in the legislation to be involved in the making of the statute- School Teachers' pay & Conditions Act 1991. Flexibility can be achieved in order to meet changing circumstances, as well as allowing rapid measures to be taken in emergency situations- Food Protection Order 1986. Delegated legislation allows Acts to be implemented piece by piece, as circumstances make appropriate and international obligations can be fulfilled where amendment is impossible. Inadequate scrutiny may be a problem with delegated legislation and so errors and omissions may pass unnoticed. Bye-laws (laws made by councils) and other delegated legislation can be difficult to find, even for lawyers. The original enabling act from witch the delegated powers stems from may be too brief and may result in the Minister or authority too much power- Emergency powers (defence) Act 1939. Other disadvantages may be the "Henry VIII Clause", which may allow delegates to alter statutory provisions in other Acts; Ministers may use commencement powers to defeat the purpose of the Act and the greatest delegation powers that exist outside of parliament lie in the hands of Europe-European Communities Act 1972. ...read more.

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Here's what a teacher thought of this essay

3 star(s)

This piece identifies some areas of delegated legislation, though Orders in Council are not covered at all. Advantages and disadvantages read like a list - each point should be developed in a little greater detail.
More effective use could be made of the examples of delegated legislation and cases referred to.
Rating: ***

Marked by teacher Nick Price 06/06/2013

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