Assessment of the Idea that Delegated Legislation is a Necessary Evil

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Assessment of the Idea that Delegated Legislation is a Necessary Evil

For this essay I will discuss whether delegated legislation is really

a necessary evil. Throughout this essay I will write about the

advantages and disadvantages and at the end of this essay I will draw

up a conclusion on whether delegated legislation is really a necessary

evil.

Delegated legislation is where and act of parliament is passed, this

is known as the parent act or the enabling act, giving someone other

then parliament the right to make acts. Bodies that have been given

the right to pass the acts are the local government (Local government

act 1972) and railway operators (Railways act 1993). Delegated

legislation can be split up into three sections; they are statutory

instruments, by-laws and orders in council. Statutory instruments can

be split up into two sections, the affirmative and negative resolution

procedure. By-laws give the rights to the local authority or bodies to

pass laws in certain areas or pass a law for a certain activity.

Orders in council is when Parliament may choose to delegate their

power in order to make changes of legitimate or other great importance

to the privy council (body of senior ministers of past and present).

Why do we need delegated legislation?

We need delegated legislation because parliament does not have the

time to pass acts everyday. There are good reasons for why Parliament

delegates its legislative power to a range of bodies.

Delegated legislation deals with laws that does not concern England;

instead bodies such as the local council make laws that for their

local area. This is a good advantage because with bodies making laws

for their own areas it allows Parliament to concentrate on making laws

that are needed for today's society. Even though MP's make laws, they

do not usually have a great deal of knowledge on the subject. With

delegated legislation it allows bodies with the knowledge of the

certain subject to make the law, as it may be more accurate. Unlike a

normal act that is being passed, or being changed delegated

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