Delegated Legislation

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  1. Ahmeda1's Avatar
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    Delegated Legislation
    Is Delegated Legislation in the UK Democratic??
  2. 122025278's Avatar
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    Re: Delegated Legislation
    (Original post by Ahmeda1)
    Is Delegated Legislation in the UK Democratic??
    Yes, of course it is. In the first Parliament sets the parameters over which Ministers can make decisions.

    It is also subject to judicial review and the possibility of the courts overturning it.

    It's necessary and without it, it'd be almost impossible to govern.
  3. Aack's Avatar
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    Re: Delegated Legislation
  4. Ahmeda1's Avatar
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    Re: Delegated Legislation
    (Original post by 122025278)
    Yes, of course it is. In the first Parliament sets the parameters over which Ministers can make decisions.

    It is also subject to judicial review and the possibility of the courts overturning it.

    It's necessary and without it, it'd be almost impossible to govern.
    what changes if any would you make, in order to make Delegated Legislation more democratic
  5. gladders's Avatar
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    Re: Delegated Legislation
    Delegated legislation is perfectly democratic - either House can kill a legislative order if it objects to it.

    What do you think is undemocratic about it?
  6. Ahmeda1's Avatar
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    Re: Delegated Legislation
    (Original post by gladders)
    Delegated legislation is perfectly democratic - either House can kill a legislative order if it objects to it.

    What do you think is undemocratic about it?
    To be honest i dont, im doing a essay about how delegated legislation could be more democratic..but the thing is i have to mention atleast 1 or 2 improvements of DL to make it much more Democratic. any suggestions?
  7. gladders's Avatar
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    Re: Delegated Legislation
    Well you could look at how the government works towards formulating DL, for example: the Government is expected on honour (although not legally obliged) to conduct 12-week consultations with the public at minimum, and report these findings to Parliament when they lay the DL for approval. Sometimes they breach this convention - although sometimes for good reasons (such as terrorism orders which need to be approved very quickly).

    You could look at how the Houses scrutinise delegated legislation: for example, the Lords actually does a very good job at checking the instruments over with a fine comb in the Secondary Legislation Scrutiny Committee. However the Commons, although elected, doesn't do that job too well - its machinery is piecemeal and MPs physically don't have the time to be as thorough as Lords. Perhaps you could propose a way that the Commons could reach the gold standard of the Lords?
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