Secondary legislation (Sources of english law)

Question 1

Does the UK have a written constitutional document? What does this mean?

Answer 1

The UK does not have a written constitutional document. Laws relating to the British Constitution can be changed by an ordinary Act of Parliament.

Question 2

What are the steps of passing an act?

Answer 2

1. First reading
2. Secondary reading
3. Committee stage
4. Report stage
5. Third Reading
6. Transfer the bill to the house of lords
7. Royal Assent

Question 3

What is delegated legislation?

Answer 3

Parliament does not have the time or expertise to pass all the necessary detailed laws needed in a modern society, so passes Acts of Parliament and delegate the power to create the detail to:
- Government departments
- Local authorities
- Other bodies
Bodies are given the power to pass delegated legislation can only pass laws within the limited power given to them under the enabling act.

Question 4

What are the different types of delegated legislation?

Answer 4

1. Others in council – laws drafted by the government and formally made by a committee of the Privy council in the presence of the king. This form of delegated legislation is usually used in times of emergency
2. Statutory Instruments – the most common form of delegated legislation, they are regulations made by various government ministers
3. Byelaws – Local laws made by local authorities and laws relating to particular functions made by other public bodies, e.g. parking restrictions made by an airport authority

Question 5

How is delegated legislation controlled?

Answer 5

It is important for there to be control and supervision of delegated legislation:
- parliament has controlled by defining and restricting the law-making powers given to other bodies
- Once delegated legislation is drafted sometimes it goes back to parliament to be reviewed and approved
- sometimes it comes into force without approval, but parliament have a time-frame to veto it
- Parliamentary committees of both the House of Commons and the House of Lords examine some delegated legislation to see if parliament needs to review it

Question 6

Advantages of secondary legislation

Answer 6

• Saves Parliamentary time
• More appropriate format for matters of detail
• Quicker
• Experts knowledge
• Amended/repeated easily/quickly

Question 7

Disadvantages of secondary legislation

Answer 7

• Loss of parliament control of legislation
• Excessive legislation is passes
• Knowledge of legislation may be limited through lack if publication – it should be accessible