Delegated Legislation Flashcards
What is Delegated Legislation
- Parliament gives power to another body.
- It is done by passing an Enabling Act.
What are the 3 main forms of DL
- By Laws
- Orders in Council
- Statutory Instruments
Explain By-Laws
- Created by local authorities in relation to local matters.
- E.g Clean Neighborhoods Environment Act 2005 (Delegates owers to Local Councils to designate “poop scoop” areas.
Who can also make By-laws
- Public corporations in relation to their activities.
- E.g Southwest Trains Limited Railway Bylaws
Describe Statutory Instruments
- Created by gov ministers
- Must be approved by Parliament before becoming law
- They can be used to amend or update provisions in existing primary legislation
Describe the use of SI
- Give effect to EU Law E.g European Communities Act 1972
- Update the Law E.g National Minimum Wage Act
Describe Orders in Council
- Made by the King & Privy council
- Used in emergenices/ transferring powers between government departments
Give example of OiC
Altered the Misuse of Drugs Act 1971
Saves parliamentary time by removing the burden of legislating on every single issue.
Lacks sufficient scrutiny & oversight since it is created by bodies outside of Parliament. Laws are passed without any proper debate or amendment which may result in a poorly drafted law.
Expertise - better to initial involve & use technical expertise when making detailed laws for specific industries or local areas.
There is sub delegation, law making authority is handed down to civil servants who are unelected.
Can be implemented quickly in contrast to the process of passing an Act of Parliament, which can take up to a year.
Shares the same problem as AoP of obscure wording that can lead to difficult in understanding what the law is about.
Better for Parliament to focus on wider issues of policy rather than detail
Large volume of DL also gives rise to critism since it makes it difficult to discover what the present law is. Much DL is made in private which is an aggravated problem.
