AS Law: Unit 1 - Delegated Legislation - Parliamentary Controls

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alexneuty
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#1
Report Thread starter 7 years ago
#1
Would appreciate it greatly if someone could supply me with a model answer that would get me the most amount of marks so I can use it as a basis for my notes. At the moment I am unsure about how much detail I would need to go into and what cases or examples I might include.


By the way unless this was unclear from the title this is for parliamentary controls for Delegated Legislation in Unit 1.
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Rawkuss
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#2
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#2
I am having to do this Unit now. Any advice, please?
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new1234
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#3
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#3
(Original post by Rawkuss)
I am having to do this Unit now. Any advice, please?

One Parliamentary control is the Parent Act. The Parent Act will outline whether any power has been delegated at all and all delegated legislation requires this. It decides what power is delegated, sets the limits of the delegated legislation and also outlines the procedures the piece of delegated legislation must be made using.
Another control is the Affirmative Resolution Procedure. This is where the statutory instrument must be approved by a vote/debate in either house before it becomes law and takes 28- 40 days. For example, the Human Rights Act 1998 S20 states all amendments are subject to this.
A third control is the Negative Resolution Procedure where the statutory instrument is laid before Parliament and anyone can set a motion (prayer) for it to be annulled if they object. If so there is a debate and vote but if not it is approval by acquiescence.
Lastly, the enabling act upholds parliamentary supremacy since they can make/unmake any law including parent Acts.
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Rawkuss
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#4
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Ah, thank you very much, that's most kind
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new1234
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#5
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#5
(Original post by Rawkuss)
Ah, thank you very much, that's most kind
You're welcome. Let me know if you need any other help.
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kieronallen18
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#6
Report 3 years ago
#6
Hi. I know this is a while since this was posted but it is possible to help me with the controls of delegation. Please see attached photo. All I need to do is fill in the boxes. Thank you
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