Delegated Legislation

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Delegated Legislation

Delegated legislations are laws made by executives using the powers given to them by the primary legislation. The aim is to promote better legislation and reduce burden of courts caused by legislation.  There are various types of delegated legislation.

Bye-laws are legislation made by local authorities. Statutory Instrument is laws drafted by government ministers to supplement the aims of primary legislation. Orders by Council are laws made in times of emergencies, by government department, approved by Privy Council and signed by the Queen. Each of these contributes as a source of law.

Those that draft delegated legislations are not represented by elected representatives. This includes consultation, publication and parliamentary controls.Those who make delegated legislations often consult experts within the field and the bodies that are affected by it.

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This is seen in the case of Aylesbury Mushroom’s case. The minister established a training board for land workers. Under the Enabling Act, various parties have to be consulted. The minister neglected to consult Mushroom Growers Association .As a result, the Training Bodies did not apply to the association.

All delegated legislation is published for public to scrutinize. Courts rely on public to bring cases to court to conduct judicial review. Parliamentary controls may include Affirmative and Negative Resolution Procedures. Affirmative Resolution Procedure usually concerns Primary Acts of constitional importance. Hence, Parliament may be required to vote for its ...

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