7262520
Description
Mind Map by bethany winter, updated more than 1 year ago
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Created by bethany winter
almost 8 years ago
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Delegated legislation
- Reasons
- when parliament isn't in the best
position to make law it is pasted over
to 3rd party. This is done through the
Enabling Act and law made under this
Act is called Delegated legislation
- Resources (so parliament can
focus on the big matters
- Technical Expertise
(good advice through
info)
- local knowledge (The
town's problems)
- faster (normally 6-8
weeks) Easily
(amended or revoked)
cheaper
- when parliament isn't in the best
position to make law it is pasted over
to 3rd party. This is done through the
Enabling Act and law made under this
Act is called Delegated legislation
- Bylaws
- WHO:made by local authorities +public corporations +
companies.(must be confirmed or approved by the
relevant government minister) and enforced in the courts
by the secretary of state.
- EXAMPLES:The clean neighbours and Environment
Act 2005 The London Undeground
smoking Act The Fouling of land by
dogs order 2008 (borough of Hastings)
- WHEN :Local authorities can make law that apply just within
their geographical area. eg county council - only
effecting that county.(city district, town) so that they
can cover local issues.
- WHO:made by local authorities +public corporations +
companies.(must be confirmed or approved by the
relevant government minister) and enforced in the courts
by the secretary of state.
- Statutory Instruments
- Railways Act 2005, Smoking Ban, police
and criminal Evidences Act 1954
- made in the form of commencement orders made by a
government minister specifying when an Act or part of
Act must come into force.
- introduced by an affirmative or negative resolution procedure. Comes in form of order,
regulations, rules and codes . National Effect : allow provision of an act of parliament to be
brought in to force at a later date, prvides detail that is too complex to include in the frame
work of an Enabling Act, employ the necessary expertise relevant area.
- Railways Act 2005, Smoking Ban, police
and criminal Evidences Act 1954
- Orders in Council
- WHO:
approval by the Queen and the privy council (consist of the
prime minister and other leading memeberso f government.
- WHEN AND EXAMPLES:In times of emergent when parliament isn't sitting ->Emergency Powers Acts. Implement same Eu
law -> The European Communities Act 1972. Dissolving parliament beforean election . Bringing an Act of
parliament into force.compliance with Eu Directives -> The Consumer Protection Act 1987 (product
liability). Dealing with fprgien affairs-> Theafghsnistan Order 2001. Grant chartes to hospitals and uni.
Transferring power between gov departments.
- WHO:
approval by the Queen and the privy council (consist of the
prime minister and other leading memeberso f government.
- CRITICISMS
- Sub-delegation- powers being anded down (hard to keep track on who's doing
what). Obscure wording- diffcult to read and understand. Volume - diffcult to
discover the present laws a 3,000 statutory instruemtns are made a year (13-14
read aday).
- publicity - people aren't aware they are being made. you'd have to know
where to find them (possibliy pay). Accountabillity - most work is given to
unelected civil servant-undermaqtic. Democracy
- Sub-delegation- powers being anded down (hard to keep track on who's doing
what). Obscure wording- diffcult to read and understand. Volume - diffcult to
discover the present laws a 3,000 statutory instruemtns are made a year (13-14
read aday).
- Parliament Supremacy
- statute law is the soveriegn source of law in the uk (it overrules anyother conflicting piece
- statute law is the soveriegn source of law in the uk (it overrules anyother conflicting piece
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