Delegated Legislation GCSE unit 1

Delegated Legislation GCSE unit 1

1. why we need it?

   • make laws quickly
     • when parliament is not sitting (holidays/ elections)
   • make laws for local areas
     • eg rules for parks or beaches
   • For the future needs of the country
     • complicated technical law

2. Bylaws

   • who makes them?
     • local councils
       • eg parking rules alcohol free zones in parks 
     • The national trust
       • own lots of land, can have own laws about parking, access, littering
   • example
     • alcohol free zones

3. orders in council

   • who makes them?
     • the privy council
       • a group of senior politicians and the Queen.
   • example
     • emergency laws
       • banning terrorist organisation
         • being a member of al qaida was made illegal by an order-in-council after 9/11

4. statutory instruments

   • who makes them?
     • government ministers
       • the minister for the relavent department  EG PACE rules made by the home office which is in charge of the polcie 
   • example
     • PACE codes of practice
       • the detailed rules in codes A-G of PACE were written by experts in the Home Office for the police. 
   • specialist laws

5. evaluation

   • positives
     • quick response
       • EG orders in council for terrorism rules
     • saves parliament time
       • mean parliament can debate more serious or important laws
     • expert knowledge
       • By-laws - specialist knowledge of the needs of local area Statutory instruments - specialist TECHNICAL knowledge 
     • the future needs of the country
   • negatives
     • undemocratic
       • laws not made by an elected body like parliament
     • not scrutinised/ lack of control
       • a lot of DL is made without parliament closely checking it Might lead to errors or abuse of power 
     • overused
       • laws are made without public notification.  This might lead to confusion or unfairness if people don't know what the law or rules are.  

6. what is DL?

   • law-making power passed from parliament
     • enabling act/ Parent act
       • an act of parliament agreeing to pass some powers to another body