РефератыИностранный языкDeDelegated Legislation Is A Necessary Evil How

Delegated Legislation Is A Necessary Evil How

?Delegated Legislation Is A Necessary Evil?. How Far Is This An Accurate Assessment Of This Process Essay, Research Paper


There are three sources of law in this country, they are


case law, EU law, and legislation. Legislation is what is we will be looking at


in this essay. There are two types of legislation, Acts of Parliament and


Delegated legislation. More specifically we will be looking at delegated


legislation. Delegated legislation is law made somebody or something other than


parliament. To which parliament has delegated the power. I feel that the evil


mentioned in the title is that this could be seen as an undemocratic method of


law making. This is because many of the people involved in this method of law


making are not directly accountable to the English public. This is because most


of these people aren?t voted for, therefor they cannot be truly seen as our


representatives. There are three different types of delegated legislation;


orders in council, statutory instruments and bylaws. Each one varies in how


undemocratic they are so they will be studied differently. Orders in council are made by the privy council. The


privy council is called in times of emergency, when parliament is not actually


sitting. This because in emergencies it may take too long to for members of


parliament to reach the house of commons to make a decision on the matter. An example


of this is the recent fuel strike where the Privy council was called together


to make a decision on the matter. This consists of the Queen, the Prime minister


and appointed privy councillors. This could be seen as very undemocratic


because the only member there that has been voted for by the public is the Prime


minister. However although these Privy councillors are appointed by the queen,


this is done so under the recommendations by the government. So they are


although not directly accountable they are in a very roundabout way accountable


to the public through the government. Also the privy council was given its power


and limitations by a parent act passed by parliament called the Emergency Powers


Act. In this way the privy council are made even more accountable to the British


public because what power the privy council has can be taken away at any time


by government, because of parliamentary sovereignty which states that the government


can change any previous law passed. The conclusion therefor is that this is not


a totally democratic method of law making but because the government have some


say in who becomes its member and the Prime minister is elected and it?s powers


given to them by the government it?s not totally undemocratic either. Bylaws can be made by local authorities to cover matters


in their own area also the can be made by public corporations. Where the local


authorities are concerned there is no problem about how democratic they are


because the parent Act called Local Governments Act 1972 was passed by MPs and


the councillors who actually pass these laws are voted for. These authorities


make parking regulations etc. The problem here is the laws passed by public


corporations. Only link they have with the general public is that people use


them. In no way are any of these people in these corporations accountable to


the public apart those of normal business. The only way that parliament is


involved is passing of the parent Act that allows these companies to pass


delegated legislation. This is not too big a problem however since they only


really make rules that are to be followed when you are on their premises and


using their services. An example of this is when London Underground banned


smoking on its premises. So it only affects people who use their services so


does not affect the general public much. Also they are accountable in that if


they make rules that people don?t like people will stop using their services.Statutory instruments are passed by government ministers


and departments. These powers were given to these departments and ministers by


parent acts. Theoretically there should not be any problems here because all government


departments are headed by a minister that has been elected e.g. The Road


traffic Act gave the minister for transport the power to regulations about


speed limits etc. However the problem occurs when the ministers don?t have the


time to keep an eye on all that is going on because this is the method that


most law is made. So it may not always be the ministers that are totally in


control of this process other may be involved.The problem is whether this not totally democratic method


of law making is necessary enough to outweigh the fact that it?s not totally democratic


in a democratic country. The main consideration is that parliament does not


have time to pass every piece of legislation that is needed and do this


properly. The amount of legislation that needs to be passed each year makes it


impossible for parliament to take care of it all. Also parliament does not have


the knowledge to deal with all the problems in this country. Parliament does


not have the local knowledge to set proper parking regulations for the whole of


England. Also it does not have the technical knowledge to deal with all areas


i.e. parliament does not have the technical knowledge needed to pass


legislation to control technology etc to make sure it?s safe for the


environment and people. Things like this require the knowledge that local


authorities have and experts in those particular fields. The other way to deal


with this is consultation but that would take even more time than it does now


to pass each piece of legislation. Also it takes considerable time to pass each


piece of legislation in parliament. It may sometime not be able to do this fast


enough. This is the reason for the Privy council it also applies for other


types of delegated legislation. The final reason why I feel that delegated


legislation is acceptable is because parliament can always overrule these


pieces of delegated legislation. This is because parliament has set provisions


in place so that it is more in control. These are affirmative resolution. In


these situations the statutory instruments legislation will not become law


until parliament say so. Negative resolutions means that legislation can be


rejected by government. Also scrutiny commitees are in place monitor statutory


instruments and if necessary bring it to the attention of both houses of


parliament. This means that Parliament is always in control and will act in its


own interests to make sure that the government of that time stays in power,


making those who pass delegated legislation once again accountable.

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