The Different Types of Delegated Legislation
a). Describe the different types of delegated legislation, explaining
how the power to make them is delegated (15 marks)
Delegated legislation is made up of laws that are created under the
authority of Parliament, but not by Parliament itself. The Enabling
or Parent Act is what is used to specify the person or group with the
power to make more specific laws and the extent of their power. There
are three types of delegated legislation which are statutory
instruments, orders in council and bylaws.
Statutory instruments are made by Government ministers after
Parliament gives them the power to create them to use in assisting
government departments, for example, where time limits or fees are
set. This is shown in R v Secretary of State for the Home Department,
ex parte Simms (1999) where the Home Secretary made regulations to
control prisoners’ visits.
Orders in council are created by the Queen and the Privy Council,
which advises the Queen and the power to do so comes from an Enabling
Act from Parliament. Orders in council are used to transfer power to
other government ministers to those in Northern Ireland assemblies.
They are also used when Parliament is not sitting, as it is a lot
easier to organise a meeting with the Privy Council than it is to call
the whole of Parliament. Orders in Council are also used to enforce
Acts of Parliament.
Bylaws are created by public corporations and local authorities, like
County Councils and deal with matters involving their area and apply
only to that area. County Councils may create a bylaw to help improve
the appearance of their area...
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supervision from Parliament, for example, the Sierra Leone Order 1997,
which banned the selling of arms in Sierra Leone. It is argued that
these sorts of regulations are created with little public knowledge
and don’t receive a lot of criticism in the media or scrutiny by
Parliament. This has also been acknowledged in a report made by the
Commons Select Committee on Procedure in 2000. Legislation involving
affirmative procedure is subject to more debate than those involving
negative procedure, even if the negative procedure involves
controversial matters. It is also stated that time and expertise is
often wasted where more controversial issues are dealt with in a
matter of minutes, whereas major changes in the law can pass through
Parliament undebated, simply because they are in negative statutory
instruments.
The Louisiana courts have remained conveniently silent regarding de facto, or psychological, parentage in their legislation and case law. In Gill v. Bennet, a grandmother appealed a lower court ruling, claiming she was the “psychological parent” of her grandchild because of a guardianship order from an Indiana court. The court noted there are no cases or statutes expressly addressing de facto parents in Louisiana. There have been custody and visitation cases regarding claims of “psychological parent” by grandparents, which resulted in the development of La. Civ. Code Art. 136 and La.R.S. 1344. The court proceeded to address her appeal as a grandparent, or third party seeking custody from a natural parent. The court upheld the trial courts ruling awarding joint custody to the parents of the child, naming the father domiciliary parent, declining to acknowledge the grandmother as a de facto parent, but awarding her visitation under La. Civ. Code Art. 136 because “extraordinary circumstances” existed.
The minor's parent or legal guardian will provide the written consent required in the presen...
The three theories of representation in Congress are: delegate, trustee, and politico. First is the delegate model of representation is the philosophy that legislators should represent the preferences of their constituents. Next is the trustee model of representation is the philosophy that legislator should consider the will of the people but act in ways they perceive best for the long term interest of the nation. Finally, is the politico model of representation it is a mixture of the two, it is delegate on which constituents have intense views, and trustee on issues that are important for national interests.
The United States Congress was created by the framers of the Constitution as the most important part of the legislative branch of the national government. The Congress was set up with a bicameral structure composed by the House of Representatives or Lower Chamber and the Senate or Upper Chamber. According to “Origins and Development” and “History of the House”, two descriptions of the history of the Congress, both chambers assembled for the very first time in New York in 1789 and then moved to Philadelphia in 1790 where they stayed for 10 years. In 1800 the Congress moved to Washington, DC; however, it was not until 1857 and 1859 that the House of Representatives and the Senate respectively moved to their current meeting locations in the Capitol after its restoration due to the British invasion of 1814 that burned the building. With more than two centuries legislating, the Congress has acquired great expertise in governing the country and meeting the Constitution’s mandates. Yet, in order to accomplish all its tasks the Congress has a very well-defined structure and very specific ways to proceed. Indeed, in order to undertake the most important of its mandates, “to enact law”, the Congress has a rigorous procedure that is combined with some of the different structural elements of Congress which indicate the direction that bills must follow once introduced. One of the most important of such elements is the congressional committee structure.
In 2014 a little over 3 million children in the United States were under the guardianship of a relative other than their parent (Szilagyi, 2014). This agreement is referred to as kinship. Kinship care is defined as the care of children by relatives or close family friends, also known as fictive kin, after they have been removed from biological parents. Relatives are usually looked to as the primary resource of care support because they maintain the child's connections with the family and help to preserve the cultural values of the family. (ChildWelfare.gov) Kinship care is divided into three different categories: informal kinship care, voluntary kinship care, and formal kinship care (child welfare information gateway, 2016).
The Constitution gives powers to Congress in order to execute its many responsibilities. These responsibilities are necessary and proper for carrying out its policies such as, imposing taxes and regulating interstate commerce. The constitution has 435 members in the House and 100 more in Senate. Congress faces issues with action problems and the solution to correcting these collective problems are at the expense of the incentive members. The Cabinet, President, state and federal courts, political groups, media, etc. all have input when determining a political decision in the United States. Open arrangement is an objective arranged strategy that the legislature follows in managing an issue or issue in the nation. Open approaches are focused around law; however numerous individuals other than officials set them. People, gatherings, and even government organizations that don 't follow strategies can be punished. This confounded procedure has been concluded with an anticipated arrangement of steps.
The three different branches of government in Texas are the following: The executive branch, which is directed by the governor, executes the laws, the judicial branch, which is run through the supreme court and state courts, interpret the laws, and the legislative branch, which is bicameral, includes the 150 members of the house of representatives and the 31 members of the state senate that make the laws.
Passing legislation through Congress is a challenge by itself, but for a president acting as chief legislator it can prove to be even harder such as attempting to pass legislation and Congress. For instance, the president of the United States has several significant occupations to conduct while in office, which include the formal roles of Chief of State, Chief Executive, Commander in Chief, Chief Diplomat, and Chief legislator. In modern society, having an understanding of what goes on between the United States Congress and the current president, Barack Obama, acting as chief legislator is crucial to American citizens because although it may not change one’s views of politics, it will aid in having a better understanding of what is going on
...ion in court and must have data available to support their decision. Also throughout the record, the worker must document that the parents have been informed of their rights and give a direct statement of what was decided in court on if case was unfolded or justified. (Green 1)
Congress and the Bureaucracy has a special relationship of checks and balances. There are methods set up by the constitution that allow Congress to influence the bureaucracy. In doing so, Congress is often able to hold a considerable amount of control over the bureaucracy.
...d, ‘so far as the threshold conditions are concerned, the factor which seems to me to outweigh all others is the prospect than an unidentified, and unidentifiable, carer may inflict further injury on a child he or she has already severely damaged’. This approach was later applied in Merton LBC v K .
It seems the Founders wanted to make the passage of legislation difficult. The Constitution settles how bills become law in the United States. The procedure is operose and can take significant time to complete. The course materials of week three offer more than enough information on how the procedure works. This essay will, mainly, use the course materials to describe the process of how a bill becomes a law. The process of transforming a bill into a law requires the participation of both the Legislative branch and Executive branch of government.
...gencies must follow when doing anything concerning their investigation with a certain child or family. Here is an example:
In our countries government, Congress plays a major role in decision making. They’re primary role is to pass laws. These laws start off as bills. Bills can only be introduced by members of Congress. Although these bills only come from Congressman, there are many people who influence these bills. Such as the president, regular citizens, offices in the executive branch, and many others. The bills right off the bat do not have a very good chance of passage. Only one out of every ten bills even gets any attention at all. This is because they must go through many tests and hearings before they even have a chance of landing on the president’s desk. These steps in a bill becoming a law are very important, and make sure that all bills passed into law are the best of the best.
In 1787 the leaders of the states came together to establish a constitutional set of guidelines (laws), to ensure a more structured uniformed way of protecting the American people against total governmental control, and protecting the citizens rights. The constitution ensured that the branches would be serperated to detour from total control of one branch of government, Each branch of government has its own duties and responsibilities other than working along side the other branches. Below identifies the three branches of government as well as their responsibilities and process of being elected as a member.