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Weaknesses and limitations of delegated legislation
Strengths of delegated legislation
Strengths of delegated legislation
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Recommended: Weaknesses and limitations of delegated legislation
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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One of the most influential and celebrated scholars of British consistutional law , Professor A.V Dicey, once declared parliamentary soverignity as “the dominant feature of our political insitutions” . This inital account of parliamentray soverginity involved two fundamental components, fistly :that the Queen-in-Parliament the “right to make or unmake any law whatever” and that secondly “no person or body is recognised by the law of England as having a right to override or set aside the legislation of Parliament.” . However this Diceyian notion though an established principle of our constitution now lies uneasy amongst a myriad of contemporary challenges such as our membership of the European Union, the Human Rights Act and a spread of law making authority known as ‘Devolution’. In this essay I shall set out to assess the impact of each of these challenges upon the immutability of the traditional concept of parliamentary sovereignty in the British constitution.
The United Kingdom is formally called “United Kingdom of Great Britain and Northern Ireland.” Government in the United Kingdom is considered to be Parliamentary. Although it is parliamentary, it is also described as being “majoritarian.” Parliament in the UK works a little different than the United States; the people of the U.S. are allowed to elect their president. In the parliamentary system the people elect who will be in the legislature, and the legislature then selects who the next prime minister will be. Then, once the prime minister is selected he choses members of the cabinet. This system creates a quick and easy political decision-making by popular majority. In this essay we will discuss the strengths and limitations the majoritarian government of the UK. One of the strengths of majoritarian government is perhaps that it is the fastest to pass or veto legislation, however there are limitations or weaknesses also like it lacks checks and balances from the House of Lords, and the disadvantage that the smaller parties have when it comes to elections, and not having a set calendar date for elections.