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The types of delegated legislation
Orders in council are when the government make law in
the name of the queen through the Privy Council. This
includes the current and former cabinet minsters and other
senior politicians. They are used occasionally to make
specific law changes e.g. in 2004 one was used to alter the
Misuse of Drugs Act 1971 and re classify cannabis as a
Statutory instruments is the most common type of
delegated legislation, this is when power is given to the
ministers to make more detailed orders, rules or regulations
in the area they are responsible for e.g. the Minister of
transport has the power under various Road Traffic Acts to
make detailed road traffic regulations.
Bylaws are when the parliament gives local authorise and
other public bodies the right to make law in certain areas
for example district councils, county councils and parish
councils can all make bylaws to cover things sure as
parking restrictions and banning the drinking of alcohol in
certain public places.
The controls of delegated legislation
Delegated legislation needs to be control because lots are
make per year and also because most of them are not
made be elected bodies.
Delegated legislation can be controlled by the
parliament and courts
Parliament has some control at the time an enabling Act is
made, as it sets the limits for making delegated legislation
under that Act.
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Courts unlike a law enacted by a legislature, the validity of
delegated legislation can be challenged in the courts. This
is because the piece of delegated legislation is ultra vires
which means that it's beyond the powers granted by the
Advantages of delegated legislation
Parliament does not have the knowledge or technical
expertise necessary in certain areas such as building
Delegated legislation can be achieved more quickly
than an Act of Parliament.
Local people know local needs.…read more
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The large amount of delegated legislation makes it
difficult to keep track of the current law.
There is little publicity of delegated legislation
compared to Acts of parliament so people may be
unaware that a particular rule exists.
Control by the parliament is not always effective.
There is a lack of scrutiny.…read more