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Control of Delegated Legislation - Basic Information (Why do we need to…
Control of Delegated Legislation - Basic Information
Why do we need to control DL?
Parliament is democratically elected
Primary legislation (Acts of Parliament) is law that is democratically made - voted on in Parliament and subject to the full scrutiny of the parliamentary process
but MORE DL is made each year than primary legislation
the power to make law is delegated to many different people/bodies
this means a great deal of legislation is made by persons/bodies who are not in Parliament
many of these law makers are not elected
Bodies and people making/issuing DL
The Queen and Privy Council
unelected
Government Ministers
unelected
can sub-delegate drafting of DL to unelected civil servants
Local Authorities
elected
Public Corporations
unelected
Methods of Controlling DL
Parliamentary control
control by parliament
Judicial control
control by the courts