Explain, using examples, what is meant by delegated legislation. Describe how delegated legislation is controlled by both judges and Parliament.
(a) Explain, using examples, what is meant by delegated legislation. Describe how delegated legislation is controlled by both judges and Parliament.
An enabling Act of parliament authorises somebody else or another organisation other than parliament to make laws. This form of legislating is called ‘delegated legislation’. These powers that have been granted to certain bodies are exercised through statutory instruments, orders in Council, or bye-laws. Examples of delegated legislation by a local authority are the legislating of a Bye-law, made by Bristol city council concerning the fouling of pavements by dogs. This delegated legislation by the council stemmed from the Local government Act 1972. An example of an individual possessing delegated legislative powers was where the secretary of State created Motor cycles (protective Helmets) Regulations 1980, stemming from the parent act - Road Traffic act 1988.
When parliament delegates legislation, the powers by the delegated authority are chosen by parliament when setting the enabling act. Before an individual, such as a government minister or another authority that possesses legislative powers, can make an act, they may have to undergo consultations with specified organisations or people. This allows them to point out any faults with the proposals. When ministers are delegated legislative power, parliament requires them to submit the statutory instrument or a draft of it so select committees from both houses can scrutinise it carefully. These committees report back to parliament with its investigations, paying particular attention to statutory instruments that impose taxes; makes a charge on the Revenue; appears to be immune from court challenges; purports to operate retrospectively; has been unreasonably delayed in publication; makes unusual or unexpected use of powers granted; appears to be ultra vires the parent Act-extras that have been added but are not permitted; and a statutory instrument that appears to be badly drafted leading to confusion.
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Summary: This piece identifies some areas of delegated legislation, though Orders in Council are not covered at all. Advantages and disadvantages read like a list - each point should be developed in a little greater detail. More effective use could be made of the examples of delegated legislation and cases referred to. Rating: ***