Topic 2 - Formative Test - Delegated Legislation

Question 1

How does parliament delegate lawmaking power to the Executive?

Answer 1

Using Enabling acts.

Question 2

3 ways of delegating legislation.

Answer 2

1. Regulations
2. Statutory rules,
3. By-laws

Question 3

Provide 3 examples of Delegated Bodies/Authorities.

Answer 3

Government departments
Police
local government councils.

Question 4

Provide 3 examples of Enabling Acts.

Answer 4

· The Local Government Act 1999
· The Dog and Cat Management Act 1995
· The Education Act 1972

Question 5

Using the following Headings, dot point how Regulations are made:

Answer 5

a. Parliamentary Stage
· Parliament must pass an Enabling Act with a regulatory power.

b. Executive Stages
i. Community Consultation
· Often, the delegated authority will consult with the community the regulation will affect.
ii. Drafting the Regulation
- OPC will draft the regulation, in consultation with delegated authority.
- Check to make sure it doesn’t go against other laws.
· Executive Approval
- Cabinet or minister must approve. Just the minister in emergency (COVID)
iii. Proclamation and Gazettal
- Won’t be legal until proclaimed and then published in the gazette, meaning theoretically everyone has been told.
iv. Tabling of the regulation in Parliament
- They put it on the table (hard copy) for everyone in parliament to have access to it.

Question 6

6. Using the following Headings, explain why Parliament delegates law-making power:

Answer 6

a. Decentralised Lawmaking.
Law-making power is delegated to elected local councils to make laws meeting local needs. Councils are better placed to consult with their constituents. They are also in a better position to enforce and supervise their laws. Furthermore, locally made laws are more likely to be accepted and respected by the community they affect. Parliament sets out the basic principles of law but allows councils to decide the details.

c. Relieves the workload of Parliament.
Parliament is a costly institution, consuming a lot of time and resources. It has a huge workload and cannot adequately address all of the demands placed on it by the community. Parliament focuses on the important social issues and principles of law and delegates law-making power to delegated bodies to address the technical and administrative details.

d. Technical Expertise.
While people elected to Parliament have certain skills and experiences, Parliament is not the forum to make laws on a broad range of technical issues. It lacks the time, breadth of expertise and appropriate resources to perform this role.

e. Quick Response to emergencies.
Regulations can be made quickly to address emergencies as they arise. The parliamentary process necessary to amend an Act is slow to initiate, expensive and cumbersome.

f. Administrative convenience.
To stay relevant and up to date, many matters of government require constant review and updating. Parliament is not the appropriate forum to do this.

g. Political Considerations.
Governments can use delegated legislation as a back-door method of making law. This might be because they face a hostile upper house or wish to evade the scrutiny of parliament in the reading stages of a bill.