Delegated Legislation – Democracy Threatened? Part Two: Step-by-step Essay Guide

Delegated Legislation – Democracy Threatened? Part Two: Step-by-step Essay Guide

Articles, Blog , , , , , , , , , , , , , , , , , , , , , , , , , , 0 Comments


Hi, there. Welcome back to the step-by-step guide on
how to write an A Level Law essay. If you haven’t seen my first video on Statutory
Interpretation, I would recommend that you do so as it is an introductory video to my
channel and how my video guides work. Before we begin, please note that this video
guide will be most effective for you if you already have some basic knowledge of the relevant
chapters that I will be discussing. As this is the second part of the video guide,
I will be going through the whole written essay with you and then explain the workings
as I go along. In case you haven’t seen the first part
of this video guide, I would like to encourage you to do so first so as to prepare you for
the actual essay itself. I have inserted the link to the first part
of the video guide in the description below. If you find this video guide useful, please
like, share and subscribe to my channel and don’t forget to click on the bell button
to get notifications of new videos as I will be making video guides every week. With that said, let’s get started with Part
Two of video guide #3. The question of the day reads: Consider how
delegated legislation has played an important role in the development of the law and critically
assess the possibility of the practice also being a threat to democratic law-making in
Parliament. To answer an examination question we must
first take note of two things. Which chapter is the question covering, and
what is the focus of the question. By first considering these two aspects of
the question we will know how to address the question appropriately. From the question we can infer that this question
covers the chapter Delegated Legislation And the focus of the question concerns the
importance of DL and the possibility of it being a threat to democratic law-making. As per usual, a complete essay needs to be
structured properly. Therefore, our essay should include an introduction,
relevant points, and finally a good conclusion which addresses the question. Before I begin going through the essay I would
like you to note that my answer is not the perfect essay answer, but it only serves as
a guide for you so that you get an idea on how to write your essay and score the highest
mark possible for your effort. Incidentally, I may have also left out certain
minor details from my content video as whatever points that have been discussed earlier only
serves as a guide for us to reach our end-product, the essay. One more important thing to note is that since,
for examination purposes, the time limit for one essay answer is exactly 30 minutes, I
will not have a lot of time to cover every single relevant detail and the ideal word
count for an excellent essay answer is between 800-1000 words per essay. Introduction
Man-made laws exist to regulate human activity, and these laws come from different sources
including laws made by way of delegated legislation. As delegated legislation is sanctioned by
Parliament, it can be considered as written sources of laws. However, there is an argument that delegated
legislation threatens democracy and democratic law-making. To consider the validity of this argument,
we need to first discuss the purpose and practice of delegated legislation and how it actually
affects the concept of democracy. It is very important for us to first define
laws and sources of laws, especially written sources of laws such as Acts of Parliaments
which are very much related to delegated legislation. Though delegated legislation has been mentioned
here, it is only mentioned briefly because in the introductory stage of an essay, a quick
preview of what is to come should suffice. As law-making and democracy are very controversial
things, we should definitely discuss the workings of delegated legislation before we can actually
make an informed decision on whether or not delegated legislation threatens democracy. Point One: Body Paragraph One
As the name implies, delegation legislation simply means that someone has delegated the
authority of legislating laws to another. That someone is none other than Parliament,
a collective body with the highest law-making authority in England. Delegated legislation is derived from its
parent Act, or enabling Act, which proscribes its parameters and procedures for law-making. It is a canvas for which detailed laws can
be inscribed upon by the people who have been charged by Parliament to do so in Parliament’s
stead. Some of the most common delegated legislation
are Orders in Council made by the Queen and the Privy Council, Statutory Instruments made
by government ministers and government departments, and By-laws made by local authorities and
public corporations. An important statutory instrument is the Police
Codes of Practice that were made by the Lord Chancellor and the Secretary of State for
Justice under the authority given by the Police and Criminal Evidence Act 1984. To develop the essay, the origins of a particular
subject of a topic should first be addressed, and therefore as according to the thesis statement
in the introduction we should now highlight the definition of delegated legislation and
how it relates to Parliament. As part of the workings of delegated legislation,
it is crucial that the types of delegated legislation should be discussed briefly, with
at least one of the types explained further to illustrate how delegated legislation generally
works. Point One: Body Paragraph Two
There are many reasons for which delegated legislation is important in the development
of laws. As Parliament is a collective body, it cannot
deal with every specific detail of a particular law and so therefore Parliament usually decides
on the main provisions of a statute and then leave the specifics to someone else with more
expertise on the matter to deal with it. This leaves Parliament with more time and
resources to deal with other laws requiring more collective attention. Government ministers who have been delegated
the power to legislate will be able to consult others who are either experts or have vested
interest in the matter that is about to be made into law. Apart from that, the Legislative and Regulatory
Reform Act 2006 has provided that government ministers with delegated powers are able to
make or change any provision for laws if it so reduces the burden of Parliament’s function
as a legislative body. After discussing how it works, we should move
to the reasons for delegated legislation and highlight some of the good points about its
practice. This should definitely be directed at addressing
the question on how Delegated Legislation plays an important role in the development
of the law since that is the first part of what the question requires us to focus on. It is from this paragraph onwards that we
are actually addressing the question properly and going into the crux of the essay. It should be noted that this is only done
after giving the essay a proper development, or an origin story. Point Two: Body Paragraph Three
Although the enabling Act is the primary control utilised by Parliament over delegated legislation,
there are other ways for Parliament to make sure that delegated powers are regulated. One example would be the Affirmative Resolution,
where Parliament will have the last say before it is officiated as an actual statute law. This method ensures that Parliament has control
over the details of the law that has been made through delegated legislation. Other than Parliament, the judiciary also
has authority over delegated legislation. This is only so if there is evidence to prove
that, for example, a government minister has not followed the correct procedures provided
for by the enabling Act such as seen in Aylesbury Mushroom case (1972) where the courts held
that the delegated legislation is ultra vires, i.e. that the minister has overstepped the
powers granted by Parliament when he failed to follow proper procedure while developing
the law. After addressing the important role of delegated
legislation in the development of the law, we should move to discuss its regulation as
this is not just part of the workings of delegated legislation, but it is an important point
to highlight so that we can critically evaluate the question on whether delegated legislation
still pose a threat to democracy after knowing the fact that there are some controls over
the practice of delegated legislation. And of course, with one example to illustrate
each type of control would suffice for this essay answer. Point Three: Body Paragraph Four
To address the question on the threat to democracy, we should first understand the importance
of democracy before we can decide if delegated legislation has threatened the concept of
democratic law-making. Democracy is based off the idea that the development
of laws should be influenced by the masses. Therefore, to allow an individual or a body
of individuals who possibly is not even democratically elected to do the job of law-making by way
of delegated legislation can be considered as an affront to the basic concept of democracy. This can be made worse if sub-delegation is
also practiced within government departments responsible for developing specific laws. Despite these issues, it should be emphasised
that there are at least controlling bodies to regulate delegated legislation. However, both Parliamentary and Judicial control
are quite limited and that control will only be properly exerted when an abuse of power
occurs and reported. With delegated legislation not being a frequently
public affair like the laws that are rigorously made in Parliament, abuse of power and misapplication
of power is rife. In this paragraph we are addressing the second
part of the question, and before we can do so, we should briefly discuss the concept
of democracy and its importance first otherwise we cannot emphasise how important it is. After explaining how delegated legislation
can actually threaten democracy and democratic law-making because of the flaws of its practice,
it would be good for us to at least make a brief contrasting point on how there are also
controls to mitigate the threat to democracy. This is why it is important for us to introduce
the fact that there are some controls over delegated legislation in Point Two so that
now we can make a more informed and critical evaluation on the focus of the question regarding
delegated legislation and its possible threat to democracy Conclusion
As much as we need to delegate powers of legislation so that we can ease the burden of Parliament,
such practices do not come without the problems of abuse which would ultimately lead to the
idea that democracy is threatened. Therefore, I feel that there should be a more
stringent check on delegated powers so that the practice can meaningfully supplement Parliament’s
role in law-making without the concern that democracy is being threatened. Instead, the practice of delegated legislation
can be seen as an extension of Parliament’s democratic will. The summary should briefly highlight some
of the most important points of the essay which addresses the question properly. After much critical thought and discussion,
a conclusion can be made and must coincide with our general view throughout the discussion. That is the end of the video guide. I hope it has helped you in your legal studies. Do check out part one of this video where
I’ll go through with you the contents of the answer to the question. I have linked the video in the description
below. If you have any questions, comments or any
suggestions on what other topics you would like me to cover, please leave a comment on
this video. And again, if you find this video guide useful,
please like, share and subscribe to my channel as I will be uploading new video guides on
different topics every week. In addition to that, if you would like me
to send you a copy of the whole essay in Microsoft Word form, please subscribe to my channel
and then drop me an email requesting the document. Thank you.

Leave a Reply

Your email address will not be published. Required fields are marked *