Explain how and why parliament delegates its law making powers to others.B) Discuss the disadvantages of parliament delegating its law making powers to others.

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Delegated Legislation

In this essay I will be looking at the following questions below.

A) Explain how and why parliament delegates its law making powers to others.

B) Discuss the disadvantages of parliament delegating its law making powers to others.

Delegated Legislation is used to create the detailed rules of many statutes created by parliament. When statutes are passed, they only lay down a basic framework for the law - so they often need to be delegated to government departments, local authorities, or public or nationalized bodies, which oversee the day to day operation of the legislation. When the legislation is delegated to these institutions, the statute is known as a as a 'parent'or an enabling act, and the delegated legislation has the same legal force and effect as the Act of Parliament under which it is enacted.

There are three types of delegated legislation are as following:

. Statutory instruments are made by government departments and ministers they follow enabling Acts, for example: Social Security Act 1986. There are 2 procedures: negative resolution & affirmative resolution.

2. Bye-laws are created by local authorities and public or nationalized bodies such as British Rail, which still need to be agreed by central government.
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3. Orders in Council which is made by the government in times of crisis, (for example: transferring responsibilities between government departments extend legislation to the Channel Islands, under Emergency Powers Act 1920).

Delegated Legislation far exceeds Acts of Parliament in terms of quantity, and its repercussions are felt by huge numbers of UK citizens every day with regards to things such as safety laws for industry, road traffic regulations and rules relating to state education, to name just a few.

To prevent the misuse of delegated power by the non-elected representatives, a series of controls have ...

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