Sunday, March 31, 2013

Delegated Ligislation

Asif Tufal

DELEGATED LEGISLATION
DEFINITION
Law made by some person/ frame under powers deriving from an Act of sevens. That
statute is known as a p atomic number 18nt or enabling Act. An character is:

TYPES OF DELEGATED LEGISLATION
statutory Instruments are
Bye-Laws are made by local Orders in Council are laws
regulations made by
authorities to cover matters
made by and with the advice
of Her highnesss Privy
Government Ministers and
within their own area. An
Departments. An example is: example is:
Council and are used, for
example, for transferring
responsibilities between
Government Departments,
extending principle to the
Channel Islands, and under
the Emergency Powers Act
1920.
They hobo also be made by
genuine public corporations
and certain companies for
An example is the
Government controlling fuel
matters within their
jurisdiction which select the supplies during the fuel crisis
in 2000.
public. An example is:

ADVANTAGES
Saves Parliamentary time.

DISADVANTAGES
It is undemocratic (except for bye-laws).

Parliament passes the parent Act and those
with technical expertise or necessary
intimacy can fill in the details.

Sub-delegation occurs whereby law making
power is passed on to civil servants by
Government Ministers.

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Government Ministers often consult
interested bodies and parties onward drafting
statutory instruments.

There is a large amount of statutory
instruments (over 3,000 per year).
Delegated legislation is not well publicised in
contrast to debates on Bills in Parliament.

Delegated legislation is more flexible than an
Act of Parliament. It can be passed quickly
and easily amended or revoked, so that the
law is up to date.

Delegated legislation may be obscurely
worded and difficult to understand.

www.lawteacher.net

1

Asif Tufal

CONTROL OF DELEGATED LEGISLATION
Parliament
Courts
Delegated legislation
The phrase Select
If a statutory
The Delegated
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