1. Introduction to Delegated Legislation

The Law Bank
9 Nov 201316:13

Summary

TLDRThis video provides an insightful introduction to delegated legislation, explaining its importance and how it works. Delegated legislation allows Parliament to pass general laws (primary legislation) and delegate the detailed work to other bodies like government ministers, local authorities, or expert agencies. This is crucial due to time constraints, the need for geographic or technical expertise, and emergencies. The video outlines three main types of delegated legislation: Orders-in-Council for emergencies, Statutory Instruments for technical matters, and Bylaws for local issues. Overall, delegated legislation ensures efficient lawmaking while involving specialized knowledge and quick decision-making.

Takeaways

  • 😀 Delegated legislation is the process of Parliament passing on its lawmaking powers to other bodies or individuals to fill in the details of laws.
  • 😀 The need for delegated legislation arises due to Parliament's limited time and resources to deal with every detail of every law.
  • 😀 Parliament creates broad framework laws (primary legislation) and delegates the specifics (secondary legislation) to others.
  • 😀 Delegated legislation allows for more specialized knowledge and efficiency in areas like local laws, technical matters, and emergencies.
  • 😀 There are three main reasons for Parliament delegating legislative powers: geography (local issues), technical expertise, and emergencies.
  • 😀 A parent or enabling act (primary legislation) provides the authority for other bodies or individuals to create delegated legislation.
  • 😀 Types of delegated legislation include orders-in-council (for emergencies), statutory instruments (for technical expertise), and bylaws (for geographical specialization).
  • 😀 Orders-in-council are used to make quick laws in emergencies or new situations, where time is critical.
  • 😀 Statutory instruments allow government ministers to create detailed laws in areas requiring technical expertise, such as health or safety.
  • 😀 Bylaws are created by local authorities or specific bodies to address local issues and use geographical knowledge for regulation.
  • 😀 In order to delegate legislation, Parliament must pass a parent act, which gives authority to the relevant body (e.g., a local authority, government minister) to make detailed laws.
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