Delegated Legislation

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Delegated Legislation

A) Describe how the system of delegated legislation operates

B) Discuss the advantages and disadvantages of such legislation, and consider whether or not the controls are effective.

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 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 - Statutory instruments are made by government departments, 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, and Orders in Council, which are made by the government in times of crisis (eg: the commandeering of the QE2 as a Hospital ship during the Falklands War in 1982)
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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 been implemented by central government. Therefore, consultation is required between those who are responsible for creating delegated legislation, and experts within the relevant field, as well as those who are likely to be ...

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Summary An answer which addresses all three elements of the two questions set. The discussion of controls and advantages and disadvantages is stronger than the description of forms of delegated legislation. It would certainly be expected to include greater detail of the three main forms of delegated legislation. Rating: ***