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Delegated Legislation Essay

1474 words - 6 pages

Delegated Legislation

Delegated legislation is the result of law making powers under the Act
of Parliament, but it can be made under the royal
perogative.Parliament the superior body delegates power to the
inferior bodies which are the ministers, local goverments and courts
to make laws under their jurisdiction. Parliament passes the enabling
act or the parent act which confer law making power to these inferior

There are three types of delegated legislation which are the orders in
council, by laws and statutory instruments. Orders in council are made
by the privy council which consists of the cabinet ministers, the
prime minister and the Queen. The privy council is called during
emergencies, when parliament is not actually sitting. This is because
in times of emergencies, it will take a long time for the members of
the House of Commons to reach and to make an immediate decision on the
matter. The privy council was given its power and limitations by a
parent act passed by parliament called the Emergency Powers Act. The
power of the privy council can be taken away at anytime by the
government because parliament is supreme.

The next type of delegated legislation is by-laws. By-laws can be made
by local authorities to cover matters in their own area and also can
be made by public corporations. Parliament passes the parent act that
allows these companies to pass delegated legislation. When public
corporations made law, it doesn't really cause a big problem because
the rules that are made, are to be followed when a person is in their
premises and using their services. By-laws can be annuled by the House
of Lords, however this is unlikely since most by-laws are based on the
House office guidelines.

While for Statutory Instruments, they are passed by the government
ministers and departments. These powers were given to these
departments and ministers by the parent act. All the government
departments are headed by a ministers that has been elected to make
law. Some statute have included "Henry VIII Clauses", which allow
primary legislation to be amended or repealed by secondary legislation
without parliamentary scrutiny, for example the Criminal Justice Bill
1990, which allowed criminal offences to be added or removed by

Delegated legislation is neccesary in the form of law making, because
it saves parliamentary time. The formal procedure for enacting
legislation can be both slow and cumbersome. If parliament itself
attempted to enact all the legislation necessary to govern the whole
realm, it would causes the ineffectiveness in the legislative process.
By delegating the formulation of detailed rules and regulations to
subordinate authorities, parliament can concentrate its attention on
discussing the essential part of legislation.


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