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

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

Extracts from this document...

Introduction

(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.

Middle

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.

Conclusion

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.

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

Here's what a teacher thought of this essay

3 star(s)

Summary:
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

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. Marked by a teacher

    Common Law and Equity

    5 star(s)

    Lord Denning gave a lecture in 1952 entitled "the need for new equity" in which he regretted the fact that since the Acts of Judicature equity seemed to have lost its power. He himself, in the High Trees case had been responsible for developing the new equitable principle of promissory estoppels, which introduced and element of fairness into contract law.

  2. Marked by a teacher

    Three forms of Delegated Legislation and Control over it.

    4 star(s)

    Public bodies and some companies are authorised to make laws regulating the behaviour of the public while on their property. For example, under the Railways Act 1993 railway companies can issue by-laws about behaviour of the public on their stations and trains.

  1. Customer Service Legislation

    The buyer does not have to accept a credit note either. Supply of Goods and Services Act: This is along the same lines of the Sale of Goods Act, except it covers services as well. The act states that anybody providing a service, for example a haircut, holiday, bus journey

  2. Look Back In Anger - Form and Structure

    Between each Act there is a time gap. From Act one to Act two there is a two-week time gap. From Act two to Act three there is a several month time gap. There are also time gaps between the scenes. From Act two scene one to Act two scene two there is a very short time gap of one night.

  1. 'Delegated legislation is a necessary evil'. How far is this an accurate assessment of ...

    There are good reasons for why Parliament delegates its legislative power to a range of bodies. Delegated legislation deals with laws that does not concern England; instead bodies such as the local council make laws that for their local area.

  2. Free essay

    How effective are domestic and international legal measures in dealing with human trafficking?

    Additionally, states are expected to submit regular reports regarding their level of compliance with the treaty. As of 2008, there are 143 parties to the United Nations Convention against Transnational Organised Crime, 119 parties to the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and

  1. "The main aims of the Land Registration Acts were to give certainty to title ...

    rights are not acknowledged by the proprietor and notice for those that are. Failure to register a minor interest correctly will result in it being void29 against the purchaser;30 Strand Securities v. Caswell (1965)31. This is the case even if the purchaser knew of that interest.

  2. Commercial law discussion - 'Transfer of Title by a Non-Owner'.

    or transfer were a mercantile agent in possession of the goods...with the consent of the owner.' And finally the eighth exception is 'motor vehicles subject to a hire purchase or conditional sale agreement'- Part III, ss27-29 of the Hire-Purchase Act 1964 provides an important exception to the 'nemo dat' rule.

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