The Different Types of Delegated Legislation
a). Describe the different types of delegated legislation, explaining
how the power to make them is delegated (15 marks)
Delegated legislation is made up of laws that are created under the
authority of Parliament, but not by Parliament itself. The Enabling
or Parent Act is what is used to specify the person or group with the
power to make more specific laws and the extent of their power. There
are three types of delegated legislation which are statutory
instruments, orders in council and bylaws.
Statutory instruments are made by Government ministers after
Parliament gives them the power to create them to use in assisting
government departments, for example, where time limits or fees are
set. This is shown in R v Secretary of State for the Home Department,
ex parte Simms (1999) where the Home Secretary made regulations to
control prisoners’ visits.
Orders in council are created by the Queen and the Privy Council,
which advises the Queen and the power to do so comes from an Enabling
Act from Parliament. Orders in council are used to transfer power to
other government ministers to those in Northern Ireland assemblies.
They are also used when Parliament is not sitting, as it is a lot
easier to organise a meeting with the Privy Council than it is to call
the whole of Parliament. Orders in Council are also used to enforce
Acts of Parliament.
Bylaws are created by public corporations and local authorities, like
County Councils and deal with matters involving their area and apply
only to that area. County Councils may create a bylaw to help improve
the appearance of their area...
... middle of paper ...
...
supervision from Parliament, for example, the Sierra Leone Order 1997,
which banned the selling of arms in Sierra Leone. It is argued that
these sorts of regulations are created with little public knowledge
and don’t receive a lot of criticism in the media or scrutiny by
Parliament. This has also been acknowledged in a report made by the
Commons Select Committee on Procedure in 2000. Legislation involving
affirmative procedure is subject to more debate than those involving
negative procedure, even if the negative procedure involves
controversial matters. It is also stated that time and expertise is
often wasted where more controversial issues are dealt with in a
matter of minutes, whereas major changes in the law can pass through
Parliament undebated, simply because they are in negative statutory
instruments.
The greatest legal document ever to be written is the United States Constitution. The constitution is ultimately a series of power compromises and is the foundation of common law. Merriam-Webster defines common law as " the area of law that has to do with the subject matter and with the interpretation and construction of constitutions or that deals with the nature and organization of government" (Constitutional Law). Cases involving constitutional law are heard by the United States Supreme Court where judgment is based on the U.S. Constitution. Of the various different articles seated in the constitution, three of them describe a system of checks and balances dividing the national government into three branches. This is also called separation of powers (Beatty, Samuelson, Bredeson 57).
In our countries government, Congress plays a major role in decision making. They’re primary role is to pass laws. These laws start off as bills. Bills can only be introduced by members of Congress. Although these bills only come from Congressman, there are many people who influence these bills. Such as the president, regular citizens, offices in the executive branch, and many others. The bills right off the bat do not have a very good chance of passage. Only one out of every ten bills even gets any attention at all. This is because they must go through many tests and hearings before they even have a chance of landing on the president’s desk. These steps in a bill becoming a law are very important, and make sure that all bills passed into law are the best of the best.
Within the care system there are two different routes in to care and these are voluntary care and compulsory care. Voluntary care is when the parent agrees for their child to be placed in to the care system and this care section is under section 76 of the social services and wellbeing act of 2014. Then there is compulsory care and this is when the imposition of a care order is put in place by the authorities. This is under section 31 of the social services and wellbeing act of 2014.
The three theories of representation in Congress are: delegate, trustee, and politico. First is the delegate model of representation is the philosophy that legislators should represent the preferences of their constituents. Next is the trustee model of representation is the philosophy that legislator should consider the will of the people but act in ways they perceive best for the long term interest of the nation. Finally, is the politico model of representation it is a mixture of the two, it is delegate on which constituents have intense views, and trustee on issues that are important for national interests.
The primary caretaker rule used five (5) components to establish which parent in fact was the overall caretaker of the child (ren). Those components are as follows:
The Constitution gives powers to Congress in order to execute its many responsibilities. These responsibilities are necessary and proper for carrying out its policies such as, imposing taxes and regulating interstate commerce. The constitution has 435 members in the House and 100 more in Senate. Congress faces issues with action problems and the solution to correcting these collective problems are at the expense of the incentive members. The Cabinet, President, state and federal courts, political groups, media, etc. all have input when determining a political decision in the United States. Open arrangement is an objective arranged strategy that the legislature follows in managing an issue or issue in the nation. Open approaches are focused around law; however numerous individuals other than officials set them. People, gatherings, and even government organizations that don 't follow strategies can be punished. This confounded procedure has been concluded with an anticipated arrangement of steps.
Protection of a Child 1999: This act is all about keeping children safe from harm and keeping them protected whilst they are in your care. It is there to make sure that settings record names of anyone who aren’t suitable to work with children for any reason. This act is there to protect children and to ensure the children’s safety of who is working with them.
Passing legislation through Congress is a challenge by itself, but for a president acting as chief legislator it can prove to be even harder such as attempting to pass legislation and Congress. For instance, the president of the United States has several significant occupations to conduct while in office, which include the formal roles of Chief of State, Chief Executive, Commander in Chief, Chief Diplomat, and Chief legislator. In modern society, having an understanding of what goes on between the United States Congress and the current president, Barack Obama, acting as chief legislator is crucial to American citizens because although it may not change one’s views of politics, it will aid in having a better understanding of what is going on
...ion in court and must have data available to support their decision. Also throughout the record, the worker must document that the parents have been informed of their rights and give a direct statement of what was decided in court on if case was unfolded or justified. (Green 1)
Mainly this act creates the post of Children's Commissioner for England, and it places a duty on local authorities to appoint a director of children’s and
Congress and the Bureaucracy has a special relationship of checks and balances. There are methods set up by the constitution that allow Congress to influence the bureaucracy. In doing so, Congress is often able to hold a considerable amount of control over the bureaucracy.
welfare of the child. Their is no law for children in the constitution even thou if a
...gencies must follow when doing anything concerning their investigation with a certain child or family. Here is an example:
...he three exception categories, the parents cannot express their concerns. If the child doesn’t fit into one of the three categories the parents don’t have any other choices but to go forward with treatment.
I found that the youngest children are not responsible because the parents and or siblings feel it is