Advantages And Disadvantages Of Delegated Legislation Essays

Advantages And Disadvantages Of Delegated Legislation Essays-52
a) The first point to note about part a) is that the question merely asks you to describe the process of statute creation in Parliament.You do not need to discuss influences on Parliament, but merely the process that takes place within it.Sample Question a) Describe the process of 'statute creation' in Parliament.

In other forms of government, such as democracy for example, the three branches of government are equal in power.

When a parliament makes a law, called an act, it is binding on the other two branches of government.

The key to success with this question is in selecting three influences that will allow you to explain, evaluate and illustrate this topic in some depth.

It is suggested that the three most appropriate influences would be: 1) The Law Commission 2) Royal Commissions/Ad Hoc Committees 3) MPs/Private Members' Bills Drawing on the material contained in the section of Chapter 1 entitled 'Law reform and the influences upon parliamentary law-making', write down a brief description of each of these influences; list their strengths and weaknesses; and provide at least one example of how this form of influence has led to legislation being passed by Parliament. Please have 'AS Law' (Chapter 2) available to you as you consider the question.

Please have 'AS Law' (Chapter 1) available to you as you consider the question.

Before consulting the suggested areas of response, please ask yourself: how would I have tackled this question?(15) b) To what extent is it true to say that delegated is an essential source of law in the English legal system.(15) There is a clear division achieved here between the demonstration of knowledge and understanding by recall, explanation and selection of examples (part a); and an analysis of the topic, resulting in an evaluation prompted by the specific question asked (part b). The following areas of response are suggested: a) In explaining what is meant by delegated legislation, the process by which law-making power is delegated by an Enabling Act (primary legislation) to a person or body Parliament has to be outlined.These examples ensure that your answer not only explains but also illustrates how delegated legislation works.An answer would also benefit from some practical examples of pieces of delegated legislation, such as the Hedgerows Regulations, made under the Environment Act 1995.So you do not need to write about any more than three.However, by asking you to 'evaluate' your chosen influences, the question is requiring you to give examples of specific pieces of legislation that they have influenced Parliament to pass.The main types of delegated legislation should be identified, together with the person or body designated to make them: for example, Orders in Council (made via the Privy Council); Regulations and Orders (made by Government Ministers); Byelaws (made by Local Authorities).Whilst inclusion of the other types of delegated legislation & such as measures, professional rules, etc & shows a breadth of understanding, candidates should weigh up whether they have the time to develop these points too.A good starting point would be to state that a statute begins its life as a Bill and that the process it follows depends on whether the Bill is a Public Bill or a Private Bill.You should state that your answer will concentrate on describing the process for Public Bills, as they are the more important type.

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