This is my P3 document for applied law with included example cases and a clear structure. It achieved the highest grade and was used as an example for further years by teachers. Hope it helps your coursework :)
Apply the various forms of delegated legislation and their controls in given case studies.
Delegated legislation is a secondary form of legislation in which parliament gives smaller councils and
authorities to create laws. This power is given under the Enabling Act, which creates a framework of the
law including limitations and guidelines on the creation of the new laws. The three forms of delegated
legislation are bye laws, orders in council and statutory instruments.
By Laws
By laws can be created by local councils and authorities such as the Birmingham City Council and the
National Trust, to introduce new law to govern their own areas which allows detailed and precise
regulation to be created. Bye laws are often developed to tackle issues such as speeding and parking
violations or any specific issues that may surround the area. The reason for the establishment of bye
laws is to delegate law making powers to bodies who are aware of certain issues that need resolving
which is an efficient way to address smaller issues that Parliament may not be aware of. The Enabling
Act provides direction in terms of what the local authorities are permitted to do and not to do, if the law
concerns the public on a national level, then parliament may decide the outcome of this suggestion.
Organizations such as companies and large corporations can generate laws to govern the processes
within their field. Some examples of bye laws are the Public Health Act 1875, section 164 and the Open
Spaces Act 1906, section 6 which were both created by a district, the parish, and the London Borough
Council.
Orders in Council
This type of delegated legislation is often controlled by the Queen and the privy council. The type of
issues that Issues that come under orders in council entail matters that concern the public on a national
level and that must be resolved immediately. The privy council constitutes the Prime Minister and Mp’s
that may have been selected and anointed by the monarch. The bye laws that are created through
orders in council do not need to be consulted by parliament as most of these laws must come into effect
immediately and are developed amidst an emergency.
The Civil Contingencies Act 2004 allows the government to make laws immediately in case of a national
emergency. Legislation can pass under this act to counter events such as terrorism attacks or a
widescale pandemic. In the current climate, several policies and laws are being passed under the Civil
Contingencies Act 2004 to avoid applying pressure on Parliament to review these policies in relation to
the pandemic.
Statutory instruments
Statutory instruments are the third type of delegated legislation where parliament gives power to
individual government ministers to generate law. Some of the areas in which the government can make
laws in is transportation, state pensions and education. The government use the power delegated to
them under the Enabling act to exercise control over citizens and organizations. An example of a law
created by government ministers is the National Minimum Wage Act which is changed per annum by
government ministers. Similarly, to orders in Council and Bye laws, Parliament delegates law- making
powers to government minister to relieve the pressure off primary legislation. The other aim of
, secondary legislation is to allow parliament to debate and go through case law that would question the
public’s safety and conduct rather than focusing on smaller affairs that can be settled through delegated
legislation.
An example of a statutory instrument is the Asylum Support (amendment) Regulations Act 2021 which
will come into effect on the 22nd of February 2021. This act amended the level of financial assistance that
Asylum seekers receive. The previous Asylum Seekers Regulation offered 37.75 however, the new law
includes a payment of 39.63.
To ensure that these governing bodies do not go beyond their powers under the Enabling act, there are
two types of control that can be exerted if these powers are utilized incorrectly; these are parliamentary
controls and judiciary controls. Although the enabling act includes guidelines and what is permitted
under the act, it is possible that the secondary legislative organizations may exceed their limitations
which requires Parliament to reinforce the framework of the law through consequences. The doctrine of
Parliamentary Sovereignty highlights that Parliament is highest governing body and no other institution
can overrule or challenge the decisions of Parliament. This law allows parliament to exert control over
the delegated bodies who exceed their powers which is called Parliamentary controls and there are
several types. These types are affirmative resolutions, negative resolutions, super affirmative resolution
procedure, questions in Parliament and Scrutiny Committee.
Affirmative Resolutions
This type of parliamentary control applies to statutory instruments. Affirmative Resolutions requires
Parliament to place restrictions on the creation of statutory instruments. Under the Enabling Act, certain
statutory instruments can have an affirmative resolution applied which means that unless there is direct
permission from Parliament, the suggested law cannot be developed. Provided that Parliament is
content with the details of the draft, the statutory can then be established into legislation.
Negative Resolutions
This type of control applies to statutory instruments. Under negative resolutions, unlike affirmative
resolutions, the statutory instrument can already be a law, however, this is presented in Parliament
after being created. The draft law is given forty days of presentation in Parliament in which Mp’s from
either the House of Commons or House of Lords can reject. If there is evidence of discontentment with
the drafted legislation, then it will not be developed into law.
Super- Affirmative Resolutions
Under this control, if the delegated legislation has been created with the direction of the Legislation and
Regulatory Reform Act, then government ministers have certain powers to modify any part of the draft
legislation if necessary. This control on delegated legislation ensures that where Parliament cannot act
efficiently, it allows government ministers to amend the law according to the conditions of society.
Questions in Parliament
The representatives of each government department can be questioned upon their ideas on legislation.
Members of the House of Commons and Lords may raise these questions and criticize the draft laws.
These inquiries can come in the form of debates about the suggested legislation to ensure that it is
thorough and detailed.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller imaans. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $10.42. You're not tied to anything after your purchase.
