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Q.Analyse critically the main types of delegated legislation. How necessary and how desirable is delegated legislation within the legal system as a whole?

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Introduction

Q.Analyse critically the main types of delegated legislation. How necessary and how desirable is delegated legislation within the legal system as a whole? Ans.There are three main types of delegated legislation: 1.Orders in Council: These can be made in the Privy Council, which include prime ministers and other leading members of govt. with the Queen.A big advantage of the Orders in Council is that they are very quick and less time consuming, as they allow to make legislations without the need to go through the parliament.One more important advantage is that they can be made on a range of matters which include giving legal effect to european directives or transferring responsibility between givt departments. These are also very important as they are used in making other types of law For example: In 2003 the Orders in Council were used in altering the Misuse of Drugs Act 1971 so as to make cannabis a Class C drug. ...read more.

Middle

Also the Legislative and Regulatory Reform Act 2006 gives ministers power to make any provision by order if it will remove or reduce a 'burden' resulting from legislation.For this purpose a burden is defined as: *a financial cost *an administrative innconvinience *an obstacle to efficiency,productivity or profitability *a sanction which affects the carrying on of any lawful activity. This means that the minsiters have the right to change Acts of Parliament, even thoguh the original Act did not give them the power to do this which is one more very important advantage of Statutory Instruments. 3.By laws: These can be made by local authorities covering matters within their own area .These benefit only the people in the certain institution ,group or association, and can apply on only those people, by laws can be in many forms, posters, street charts, notices which can be stuck or displayed within the premises of their area.These can be related to public behavior, traffic control banning drinking or smoking etc. ...read more.

Conclusion

* Ministers have the benefit of further consultation before regulations are drawn up. Consultations are basically imporatant where there is a need for a rule on a more technical matter, where it is necessary to make sure that the regulations are technically accurate and workable.Many acts giving power to make delegated legislation set out that there must be consultation before the regulations are created.eg: before any new or revised Code of Practise under Police and Evidence Act 1984 is issued, there must be consultation with a wide range of people including: 1) People who are representing the interests of the police authorities. 2) The General Council of the Bar 3) The Law Society *The process of passing a law is very time consuming, in an emergency the parliament may not be able to pass law quickly, hence delegated legislation is preferred , it can also be revoked or amended easily when required and can be kept up to date, also the ministers can respond to new or unforseen situations by amending or amplifying statutory instruments. ...read more.

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