Delegated Legislation for AQA AS Law 01

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Unit 1 LAW01 Law Making and the Legal System
1. Outline and explain the nature of delegated legislation.
Delegated legislation can be defined as law made by some person or by some body under the authority
of an Act of Parliament. Parliament delegates its authority but not its ultimate responsibility for all
legislation. Parliament cannot, in the time and with the resources available to it, make all the laws society
requires. A law may only be needed for a specific geographical area, such as a town or county, it may
only be needed on a specialist matter, for example transport or education, or it may be needed to meet
an unforeseen emergency.
Parliament gives its authority to make laws to other bodies in `parent' or `enabling' Acts of Parliament.
The Parent/Enabling Act contains the basic framework of the law, together with authorisation for the
person/s or bodies, such as a Government department, to make further law on the matter. For example,
the Criminal Justice Act 2003 allows rules to be made allowing trial for serious or complex fraud cases
to be held without a jury.
Another example is the Road Traffic Act 1988 which gives the Secretary of State for Transport the
authority to make regulations regarding the type of helmet that must be worn by motorcyclists.
There are three different types of legislation, which are: Orders in Council, statutory instruments, and

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Identify and briefly outline three forms
of delegated legislation
Three forms of delegated legislation are:
Orders in Council,
statutory instruments,
and bylaws.
Orders in Council
The Queen and the Privy Council have the
authority to make Orders in Council. The
Privy Council is made up of current and
former Cabinet ministers and other senior
politicians. This type of delegated legislation allows the Government to make
legislation without going through Parliament. Orders in Council are drafted by
government departments.…read more

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For this reason, SIs are often called ministerial
If a minister did not have these powers, the Parent Act would need to be
regularly updated whenever regulations were changed. This would be
time-consuming and cumbersome.
The Statutory Instrument is also the most usual form of law used to put
European directives into practice. European members must pass their own laws
to bring the directives into effect, and the usual, but not the only, method in the
United Kingdom is the SI.…read more

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Explain and discuss how delegated legislation is controlled both by
Parliament and by the Judiciary.
Parliament delegates its authority to produce legislation but it retains
responsibility for all delegated legislation created in its name. Therefore,
Parliament has a number of ways by which it controls delegated legislation.
All delegated legislation is written within a framework authorised by Parliament.
The framework is outlined in a Parent/Enabling Act. The Enabling Act sets
limits which the delegated legislation must respect.…read more

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In the final resort, Parliament has the power to revoke delegated legislation or
pass an Act on the same subject.
All delegated legislation is subject to review in the Queen's Bench Division of the
High Court. This court has the power to review legislation and to declare it void,
especially if the legislation goes beyond the powers (ultra vires) granted in the
Parent/Enabling Act.…read more

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Discuss the advantages and disadvantages of delegated legislation.
Delegated legislation has several advantages.
Firstly, it saves Parliament time. Parliament simply does not have enough time to
pass all the laws the country needs. Over 3000 statutory instruments alone are
passed each year. The whole Parliamentary year would be taken up with passing
these, leaving little or no time for important legislation to be passed.…read more

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Instruments are subject to affirmative or negative resolution, and quite a few get
through with very little scrutiny.
On the other hand, bylaws are made by local authorities whose members are
democratically elected and accountable to local citizens.
Secondly, there is such a huge volume of legislation ­ for example, 3000
statutory instruments annually ­ that it is often difficult to discover just what the
present law is. In addition, much delegated legislation is made in private with few
opportunities for public or media scrutiny.…read more

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1. How can delegated legislation be defined?
2. Does Parliament delegate both its authority and its responsibility
for delegated legislation?
3. Why does Parliament delegate some legislation to other bodies?
4. Describe three occasions for which delegated legislation may be appropriate.
5. Explain the nature and function of a Parent/Enabling Act.
6. Give one example of how the Criminal Justice Act 2003 makes use
of delegated legislation.
7.…read more

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Explain the relationship between SIs and European directives.
6. Why doesn't Parliament simply use the formal legislative process
to put European directives into effect?
7. What was the purpose of the Unfair Terms in Consumer Contracts Regulations
8. How many Statutory Instruments are drafts and put into practice every year?
9. Who drafts Statutory Instruments?
10. Why are Health & Safety regulations usually in the form of SIs?
1. Bylaws are made by whom?
2.…read more


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