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    please read and give feedback guys! much appreciated...

    1a) Outline what is meant by delegated legislation and briefly explain, with example two forms of delegated legislation. (15 marks)- so I spent 15 minutes, because it's a minute a mark!

    b) Outline and comment on the parliamentary and judicial controls over delegated legislation. (15 marks) " " "

    a) Delegated legislation is law made by other bodies other than Parliament, but with the authority of Parliament. This is in an enabling or parent act delegated to them in a statute which creates the framework of the law. Ministers also input more detail in the law. The two forms of delegated legislation are; Statutory Instruments and Bylaws. Statutory Instruments, are rules and regulations made by government ministers. They are 3,000 statutory instruments made every year compared to only 100 acts of Parliament. The "Misuse of Drugs Act 1971", shows where cannabis was changed to a class C drug. The "Road and Regulations Act 2006" was also introduced, to stop speed limits on motorways.

    Bylaws are made by local authorities, who have the necessary local knowledge. As by laws are made by elected bodies it is seen as a fair process compared to Statutory Instruments who are made by non elected bodies or people. Certain corporations, institutions and companies have the authority or power to make bylaws such as the British Airports Authority for regulations and institutions such as university's. Certain things such as littering and smoking are fined by these ministers who make bylaws.

    b) The Parliamentary control links into Statutory Instruments which are Affirmative and Negative Resolution. Affirmative resolution are positive because MP's in Parliament can make closer scrutiny of the legislation (bill), before it becomes a law. The negative resolution however is where a Minister or MP from any house of Parliament can reject the law within 40 days.

    The Legislative and Regulatory Reform Act 2006 try's to get rid of a "burden", this can mean where there is a financial cost, administrative expenses, a minister has acted beyond his/ her own power and closer scrutiny.

    Judicial control over delegated legislation can be seen by the courts, which may sometimes be seen as "ultra vires", which is deemed to be void and not effective as shown in the, "Aylesbury Mushroom case" and the singing one, (can't remember it's name)?

    (I wasn't sure whether to put advantages and dis, but I put them in just in case..)

    The advantages of delegated legislation is that laws are easier to amend than acts of Parliament, ministers who make bylaws have technical and local expertise as they also have more knowledge of the local areas, allows consultating between different experts in the necessary fields. Law can be made quickly, as seen in Orders in Council where the "Emergency Powers Act 1920" was made quickly.

    The disadvantages are that Ministers sometimes delegate other unelected ministers to make law, which leads to them going beyond their power and resulting in "ultra vires" FINISHED!

    (Also wanted to add, thank you to those who continued to read and finished it till the end! Sorry if there's any typos, or things which aren't relevant, I had wrote this out and timed myself too, but thought of typing it on here! Law experts/ anyone doing AS/ A2 law, uni students anyone who could help me, I would really be grateful)!!
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    (Original post by xyllix)
    looks good , you need add a bit more detail and more cases, aswell as comments e.g. advantages and disadvantages of positive resolution procedure, negative resolution procedure and so on.

    hey thanx for replying and yeah your right, I thought I needed more cases, advantages and disadvantages of positive and negative resolution procedure?? Can you tell me what they are please? or I could check my book later on! ahh I've got so many things to still revise yikess :eek:
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    ooh my god AS seems so easy now compared to what I'm doing at A2! and i thought AS law was a bit of a pain!
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    (Original post by sweetgyal24)
    This is in an enabling or parent act delegated to them in a statute which creates the framework of the law.
    the enabling act IS the statute - I don't really understand your sentence here

    (Original post by sweetygal24)
    Ministers also input more detail in the law. The two forms of delegated legislation are; Statutory Instruments and Bylaws. Statutory Instruments, are rules and regulations made by government ministers. They are 3,000 statutory instruments made every year compared to only 100 acts of Parliament.

    The "Misuse of Drugs Act 1971", shows where cannabis was changed to a class C drug. The "Road and Regulations Act 2006" was also introduced, to stop speed limits on motorways.
    don't really understand how this bold bit is relevant - are they examples of delegated legislation. Looks like you just fancied sticking some statutes in your answer

    (Original post by sweetygal24)
    Bylaws are made by local authorities, who have the necessary local knowledge. As by laws are made by elected bodies it is seen as a fair process compared to Statutory Instruments who are made by non elected bodies or people. Certain corporations, institutions and companies have the authority or power to make bylaws such as the British Airports Authority for regulations and institutions such as university's. Certain things such as littering and smoking are fined by these ministers who make bylaws.
    this last part is a bit confused first you've said that bylaws are made by elected bodies but then finished with Ministers who make bylaws, who are not elected

    (Original post by sweetygal24)

    b) The Parliamentary control links into Statutory Instruments which are Affirmative and Negative Resolution. Affirmative resolution are positive because MP's in Parliament can make closer scrutiny of the legislation (bill), before it becomes a law. The negative resolution however is where a Minister or MP from any house of Parliament can reject the law within 40 days.

    The Legislative and Regulatory Reform Act 2006 try's to get rid of a "burden", this can mean where there is a financial cost, administrative expenses, a minister has acted beyond his/ her own power and closer scrutiny.
    looks good to me
    (Original post by sweetygal24)
    Judicial control over delegated legislation can be seen by the courts, which may sometimes be seen as "ultra vires", which is deemed to be void and not effective as shown in the, "Aylesbury Mushroom case" and the singing one, (can't remember it's name)?
    is conducted by?

    You should probably include the basic facts of the Aylesbury mushroom case - just that they did not consult interested parties and as such the policy was unlawful

    (Original post by sweetygal24)
    (I wasn't sure whether to put advantages and dis, but I put them in just in case..)

    The advantages of delegated legislation is that laws are easier to amend than acts of Parliament, ministers who make bylaws have technical and local expertise as they also have more knowledge of the local areas, allows consultating between different experts in the necessary fields. Law can be made quickly, as seen in Orders in Council where the "Emergency Powers Act 1920" was made quickly.

    The disadvantages are that Ministers sometimes delegate other unelected ministers to make law, which leads to them going beyond their power and resulting in "ultra vires" FINISHED!
    this is sort of in the wrong part of the question. Remember part b asks you to comment on judicial controls over delegated legislation so writing advantages and disadvantage in this section is not credit-worthy. May have gained you some parked in part a though.

    (Original post by sweetygal24)
    (Also wanted to add, thank you to those who continued to read and finished it till the end! Sorry if there's any typos, or things which aren't relevant, I had wrote this out and timed myself too, but thought of typing it on here! Law experts/ anyone doing AS/ A2 law, uni students anyone who could help me, I would really be grateful)!!
    Good start but I think you need to be a little more precise with terminology and process as you can easily lose marks being sloppy. Just think about each sentence and make sure that it means what you want it to when you've written it

    Also make sure you address the question at hand - if it wants you to comment on judicial control of delegated legislation don't waffle about delegated legislation in general

    Don't try and drop statutes and things in just to look clever because you remembered them and the year - they have to be well placed generally to gain you any marks

    Goose
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    (Original post by AnetaLovesYou)
    ooh my god AS seems so easy now compared to what I'm doing at A2! and i thought AS law was a bit of a pain!
    lol I'm doing A2's, but just retaking this AS module for a better grade!
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    (Original post by The_Goose)
    the enabling act IS the statute - I don't really understand your sentence here

    ohh so do I just put the enabling act and forget about the statute? It's because you said they mean the same thing right?


    don't really understand how this bold bit is relevant - are they examples of delegated legislation. Looks like you just fancied sticking some statutes in your answer

    I tried remembering a few cases, lol yeah I thought of putting some cases in even if they seemed shoved in as I thought it would be better then nothing! What cases do you recommend I put? I just checked my notes and I think the Misuse of.... is alright but the Road Regulations one just DOESN'T fit in this part although the speed limit one does, but the case name is different?

    this last part is a bit confused first you've said that bylaws are made by elected bodies but then finished with Ministers who make bylaws, who are not elected.

    I just read my sentence again right now and got myself! I knew bylaws had to do something with littering and smoking, but my mind just went blank, when writing, so I guess I made a sentence up What is it supposed to be?

    looks good to me

    You know how I've said some of these things can mean a burden, are they all correct?


    is conducted by?
    still can't remember the name!

    You should probably include the basic facts of the Aylesbury mushroom case - just that they did not consult interested parties and as such the policy was unlawful

    this is sort of in the wrong part of the question. Remember part b asks you to comment on judicial controls over delegated legislation so writing advantages and disadvantage in this section is not credit-worthy. May have gained you some parked in part a though.
    ohh ok thanx

    Good start but I think you need to be a little more precise with terminology and process as you can easily lose marks being sloppy. Just think about each sentence and make sure that it means what you want it to when you've written it

    Your right about this, because when I can't remember something in the "heat of the moment" when I'm writing, I make things up unfortunately!
    Also make sure you address the question at hand - if it wants you to comment on judicial control of delegated legislation don't waffle about delegated legislation in general
    What would you write for this question? Please give me a few tips or advice, I would really be appreciated!

    Don't try and drop statutes and things in just to look clever because you remembered them and the year - they have to be well placed generally to gain you any marks

    Thanx alot for replying, you were really helpful! If you do get some time, please can you drop another helpful comments if you could?

    Goose
    just wanted to add- not relevant lol, but why does it say that the message is too short? :mad: ahh I'm
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    (Original post by sweetgyal24)
    just wanted to add- not relevant lol, but why does it say that the message is too short? :mad: ahh I'm
    cause when you write in someone elses quote it looks like you have posted anything

    Bylaws are generally made by local authorities littering law is an example - in some cities the fine is £50 in some £70 and in some places there's no fine at all

    A statute (act of parliament) which gives authority for delegated legislation is called an enabling act or parent act.

    the bit where you've mentioned the Acts of parliament isn't relevant at all Acts of Parliament are primary legislation NOT delegated legislation so they're aren't relevant to the question unless you can give an example of a state which delegates power

    (Original post by sweetygal24)

    Originally Posted by sweetygal24
    Judicial control over delegated legislation can be seen by the courts
    this doesn't make much sense - it should be something along the lines of

    "judicial control over delegated legislation is conducted by the courts

    Goose
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    (Original post by The_Goose)
    cause when you write in someone elses quote it looks like you have posted anything

    Bylaws are generally made by local authorities littering law is an example - in some cities the fine is £50 in some £70 and in some places there's no fine at all

    A statute (act of parliament) which gives authority for delegated legislation is called an enabling act or parent act.

    the bit where you've mentioned the Acts of parliament isn't relevant at all Acts of Parliament are primary legislation NOT delegated legislation so they're aren't relevant to the question unless you can give an example of a state which delegates power

    this doesn't make much sense - it should be something along the lines of

    "judicial control over delegated legislation is conducted by the courts

    Goose

    thankyou!
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    The "Misuse of Drugs Act 1971", shows where cannabis was changed to a class C drug. The "Road and Regulations Act 2006" was also introduced, to stop speed limits on motorways.

    don't really understand how this bold bit is relevant - are they examples of delegated legislation. Looks like you just fancied sticking some statutes in your answer




    Im pretty sure Misuse of Drugs Act 1971 is an example of Delegated Legislation, not sure about Roads and Regulations Act 2006, but theres no need to be so mean about it.
 
 
 
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