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

delegated legislation

Extracts from this document...

Introduction

eTMA 02 Behnam Kholafaei Question1 (1): To explain in your own words what An Act of Parliament is with examples? Laws made by parliament are called Acts of Parliament, also known as statutes or legislation, and they create new laws or change existing laws. An act of parliament is a written plan for a proposed new law to be accepted by the House of Commons and the House of Lords. For example, in order to deal with a new development or crisis, the government's response to developments in cloning following the creation of Dolly in 1996 was to introduce the Human Reproductive Cloning Act 2001, making the insertion of a cloned embryo into a woman a criminal offence. (98 words) Question 1 (2): To explain in your words what delegated legislation is with examples? The parliament can give power to create law to other authorities through 'enabling acts', so delegated legislation is law created by other bodies to which the power has been given by the Parliament. There are five type of delegated legislation: statutory instruments, byelaws, Orders in Council, Court Rule committees and professional regulations. An example of a byelaw made by a local authority is the Trafalgar Square and Parliament Square Garden Byelaws 2002 (Greater ...read more.

Middle

This uncertainty is increased by the ability of the judiciary to select which authority to follow through use of distinguishing cases on their facts. It also creates fixity, as it is possible that the law in relation to any particular area may become rigid on the basis of an unjust precedent with the consequence that previous injustices are perpetuated. Judicial precedent also causes unconstitutionality. This fundamental question refers to the fact that the judiciary are overstepping their role by making law rather than restricting themselves to the role of simply applying it, and if this happens then it's against the declaratory theory of law claiming that judges do not make law, but they simply interpret what the law is. Lastly, the law depends on citizens reporting cases to the courts after some accident they had, so this does not ensure consistency or certainty. On the other hand, certainty itself can slow down the development of the law by not allowing it to be more flexible and creative. In addition, another crucial role the judiciary plays has to do with statutory interpretation. It is a frequent occurrence that the meaning of different words or phrases in statutes is not clear cut, but perhaps too broad, vague, ambiguous or inadequate. ...read more.

Conclusion

In turn, the pressure groups involvement in the political arena actually helps that society to progress as a whole and not remain idle or inactive. There are also some disadvantages to pressure groups, as they may not always represent or put forward their members views, wishes or interests because they do not have elected leaders or always consult their members. It is only a minority of those groups that have a system for seeking advice from their affiliates. As a consequence, the group's associates cannot contribute to all the prospective possibilities articulated by the group's administrator. Another disadvantage has to do with pressure groups deciding to become quite forceful through participating in demonstrations, often of a large scale, which could result in major conflicts and clashes with the police. In cases where such threatening strategies are used by pressure groups, democracy could be in jeopardy or even destabilise. In this manner, even though group competition or opposition can be otherwise healthy as it could help put forward diverse opinions in a democratic society, on the other hand it could delay or obstruct social changes that are much needed. (582 words) ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our University Degree Miscellaneous section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

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 University Degree Miscellaneous essays

  1. Marked by a teacher

    The democratic deficit can be closed by simply extending the powers of the European ...

    4 star(s)

    The simplistic solution to the democratic deficit is to grant the European Parliament more power so it mirrors a nation state Parliament more than it does at present. This is currently impossible as the European Parliament faces far more complexities than a nation state Parliament, with race, religion, language, size

  2. Critically evaluate the achievements of the Multi-Agency Public Protection

    This is a piece of research that I have also discussed earlier which highlighted that the systems that were in place had been different and varied in quality from area to area. Apart from Probation and the Police, attendances from other agencies were often very few.

  1. Management Principles Assignment 1

    They will value the group's discussions and utilise team member's strong points in order to obtain the best performance. They motivate their team by empowering them to direct themselves and guide them with a little control. Theory X and Y Mcgregor.

  2. Critically evaluate whether incidents of mercy killing should b prosecuted as murder or manslaughter ...

    such as the case of Dyson. This may be seen as an example of the law on causation being influenced by policy considerations. This might be implied from Devlin J's direction to the jury in Adams to apply common sense to the case.

  1. A system for Kingston Hospital

    Likely issues with implementation Likely issues with implementation There are key issues associated with using video conferencing that has to be taken into consideration e.g. the quality of the images received vs. the speed of the information received. One alternative that may be considered is using VOIP (Voice over IP)

  2. Biology Notes - Pattern in Nature

    The chemical energy stored in this food fuels the reactions that sustain life (metabolism). Heterotrophs rely on producer either indirectly or directly for their energy. The photosynthesis that occurs in the oceans is vital to the Earth's functioning providing oxygen and absorbing carbon dioxide.

  1. The Court System

    U.S. Tax Court and 5) the U.S. Court of Veterans Appeals" (The Federal Judiciary, n.d.). These courts hear cases that involve both civil and criminal acts against the federal government, as well as other cases involving the "constitutionality of a law, disputes between two or more states, admiralty law and bankruptcy cases" (The Federal Judiciary,

  2. Free essay

    Religious group action to challenge new law which legalizes prostitution & brothels

    Wide "consisting of those problems that affect society more as a whole, not individuals. These are gender marked features of trade", a kind of inhuman violence aimed at the female body, the social stigma against prostitutes and pimps.3 The fact that women receive lower wages than men, and that there

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