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Delegated Legislation is law made by some person or body other than Parliament but with the authority of Parliament. There are three types of delegated legislation-statutory instruments, bylaws and orders in council.

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Introduction

June 2001, Question 1 a- Delegated Legislation is law made by some person or body other than Parliament but with the authority of Parliament. There are three types of delegated legislation-statutory instruments, bylaws and orders in council. Statutory instruments are when governments and ministers are given powers to make laws relating to areas under their responsibility. For example the Home Secretary will have powers to create law from the Prevention of Terrorism Act 2001 and PACE 1984 and the Minister of Traffic will have powers to make law regarding road and traffic issues from the respected parliamentary regulations. Statutory instruments are a major source of making law in the UK as 3000 of them are brought into force every year. These can also be called "ministerial regulations" and they put the "meat on the bone" on the Parent Act, making it work on a day-to-day basis. ...read more.

Middle

who meet up with the monarch to make emergency decisions, mostly when Parliament is not sitting, either when they're on holiday or dissolved for a general election. They are able to make emergency decisions under the Emergency Powers Act 1920. b- i> Delegated Legislation can be challenged in the courts is it appears to be "ultra vires." This means when you feel that the party that has made the law has gone beyond their power that was granted to them by Parliament from the Parent Act. DL's can also be held ultra vires if the correct procedure has not been followed. This was shown Aylesbury Mushroom case 1972 when the court held that the Minister of Labour had to consult "any organisations appearing to him to be representative of substantial numbers of employers engaging in the activity concerned," and he failed to consult the Mushroom Growers Association which represent about 85% of all mushroom growers meant that his order establishing a training board was ruled invalid. ...read more.

Conclusion

In times of emergency without DL there wouldn't be anyone to make emergency decisions and DL allows for these decisions to be made by Orders in Council. The disadvantages are that it is undemocratic as it allows non-elected people to make law, with the exception being for by-laws. Another problem is that it is sub-delegated, meaning that too much of the law is made by civil servants and only 'rubber stamped' by ministers of that department leading to many complaints about this method. It is also difficult to discover what the present law is, and this problem arises from the fact that there is too many DL's being passed every year and they have a lack of publicity as most of them are made in private in contrast to the public debated of Parliament. They contain obscure wording and are difficult to understand. It has also been argues that DL has been overused and therefore it is difficult for it to be supervised effectively. Mohammed Bhana TG7 Law ...read more.

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