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Explain the types of delegated legislation
Explain the types of delegated legislation
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Recommended: Explain the types of delegated legislation
Delegated Legislation
Delegated legislation is the result of law making powers under the Act
of Parliament, but it can be made under the royal
perogative.Parliament the superior body delegates power to the
inferior bodies which are the ministers, local goverments and courts
to make laws under their jurisdiction. Parliament passes the enabling
act or the parent act which confer law making power to these inferior
bodies.
There are three types of delegated legislation which are the orders in
council, by laws and statutory instruments. Orders in council are made
by the privy council which consists of the cabinet ministers, the
prime minister and the Queen. The privy council is called during
emergencies, when parliament is not actually sitting. This is because
in times of emergencies, it will take a long time for the members of
the House of Commons to reach and to make an immediate decision on the
matter. The privy council was given its power and limitations by a
parent act passed by parliament called the Emergency Powers Act. The
power of the privy council can be taken away at anytime by the
government because parliament is supreme.
The next type of delegated legislation is by-laws. By-laws can be made
by local authorities to cover matters in their own area and also can
be made by public corporations. Parliament passes the parent act that
allows these companies to pass delegated legislation. When public
corporations made law, it doesn't really cause a big problem because
the rules that are made, are to be followed when a person is in their
premises and using their services. By-laws can be annuled by the House
of Lo...
... middle of paper ...
...ated legislation to be void, there are
procedural ground and substantive ground. For procedural grounds, the
instrument is invalid because the minister has failed to follow the
procedure laid by the enabling act. In Agricultural, Horticultural and
Forestry Training Board v Aylesbury Mushrooms Ltd 1972, failure to
comply with a statutory requirement as to consultation resulted in the
order being declared invalid. While for the substantive ground, the
subordinate body has made law beyond their jurisdiction, and this will
cause the delegated legislation to be void. When this happened the
subordinate body must re-draf the law.
Hence, by choosing delegated legislation, it is an applicable system
that works well in our system today. It is the choice of two evil, and
by choosing delegated legislation, it is the lesser evil.
The excerpt “Congress: The Electoral Connection” written by David Mayhew centers around the fundamental arguments that discusses how members of congress are self-interested for reelection. Mayhew further elaborates on his idea by discussing the electoral activities that congress members devote their time into and resource from, which are advertising, credit-claiming, and position taking. Mayhew’s excerpt further examines the framework in how congress operates which contributes to the explanation of how and why congress partakes in the certain electoral activities.
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