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AQA LAW AS EXAMINATIONS

Unit 1 LAW01 Law Making and the Legal System

DELEGATED LEGISLATION

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…

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2. 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…

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type of helmets to be worn. For this reason, SIs are often called ministerial
regulations.

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…

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3. Explain and discuss how delegated legislation is controlled both by
Parliament and by the Judiciary.

1. CONTROL BY PARLIAMENT

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…

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In the final resort, Parliament has the power to revoke delegated legislation or
pass an Act on the same subject.
2. CONTROL BY THE JUDICIARY

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…

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4. 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…

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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,…

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DELEGATED LEGISLATION TEST YOURSELF

Introduction

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…

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5. 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
1994?
8. How many Statutory Instruments are drafts and put into practice…

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