What Are The Procedures And Participants Involved In The English Legal System
English Legal System- semester one assignment
In my assignment I plan on analysing the following question; Delegated legislation is controlled by Parliament through a range of statutory mechanisms. With reference to both Houses, assess how effective these controls are, with reference to the procedures and participants involved? Throughout this essay I will be outlining and commenting on the statutory mechanisms that control delegated legislation and reflecting on the effectiveness of such controls.
Delegated legislation is law made by a person or a body other than parliament, but with the same authority of parliament. It is made possible through the enabling act (also known as the parent act or empowering act), which provides the framework of the law and delegates to others to make more detailed law in specific areas. An example of Enabling Acts are The Police and Criminal Evidence Act 1984 and the Criminal Justice Act
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These are affirmative and negative resolutions. An affirmative resolution commands a Parliamentary vote and both houses within Parliament must approve. If a Statutory Instrument is subject to the affirmative resolution procedure, it will not become law, unless approved. However, the majority of SIs are subjected to the negative resolution procedure; which means that a SI will become law within 40 days if it is not contested by Members of Parliament. This procedure, which is more common, has less effective control over SIs.
There are two committees under the House of Lords that watch over delegated legislation:
The Delegated Powers Scrutiny Committee, which was established in 1992, constantly reviews the degree in which legislative powers are delegated by Parliament to government ministers, and examines all Bills with delegating powers which allow SIs to be made before they begin their passage through the
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