DL Prompt

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.
- Relevant chapter: Delegated Legislation

- Focus of the question: importance of DL possibility of it being a threat to
democratic law-making
I.) Introduction
a.) Briefly define laws, sources of laws and more specifically written laws made by
Parliament.
- The reason for quick introduction on sources of laws and Parliament is b/c delegated
legislation is very much a part of what written sources of law are.
b.) Briefly define delegated legislation and how it relates to Parliament
c.) Thesis statement: to determine if DL threatens democracy, we need to go

through the workings of DL and also the regulation of DL.
II.) Body
* Point one
a.) Discuss the workings of DL by highlighting the concept of an enabling Act.
- Delegated legislation is derived from its parent Act, or enabling Act which proscribes
its parameters and procedures for law-making.
b.) Highlight the three types of DL and briefly illustrate the laws which can be
made by these methods
=> Orders in Council: Queen and the Privy Council
=> Statutory Instruments: government ministers and government departments.
=> By-laws: local authorities and public corporations
c.) Briefly explain some of the reasons for the need for DL and highlight some of
the good points of DL in the whole law-making process.
- The discussion of some of the most important reasons should be directed at addressing
question on how DL plays an important role in the development of the law
- An example to highlight can be the fact that DL allows ppl or bodies of ppl with more
specific skills, knowledge and responsibilities to make or change laws for specific
purposes, especially in an emergency situations
* Point two
a.) Briefly introduce the fact that there are controls for which to regulate
DL.
- Since legislation may have threatened democracy.
- Still discussing abt the workings of DL and so we should not properly address the issue
with how it threatens democracy.
b.) Explain Parliamentary controls in detail by going through some of the

method for which it uses to regulate DL.
- Other than the enabling Act, we should also briefly discuss abt the other ways in which
Parliament can actually regulate DL.
=> Scrutiny Committees
=> Affirmative Resolution
=> Negative Resolution
c.) Explain Judicial controls in detail by going through some of the

methods for which it uses to regulate DL.
- The emphasis should be on the explanation of how judicial review works and the
concept of ultra vires with some case examples to illustrate its regulation on abuse of
power or powers that were not executed according to procedures.
* Point three
a.) Re-evaluate the workings of DL and the controls available to regulate

law-making by way of DL
- Have to bring together everything that we have discussed abt the workings of DL, and
consider if, overall, it has threatened the concept of democratic law-making.
b.) Briefly introduce and discuss the concept and importance of democracy
and democratic law-making.
- This is to highlight the importance of democracy and how the development of laws
should be influenced by the masses rather than an individual who possibly is not even
democratically-elected to do the job of law-making.
c.) Link the discussion back to the focus of the question which asks to
consider the possibility of DL being a threat to democratic law-making in Parliament.
- It is important to include our own views, comments, and opinions on whether or not DL
actually threat to democratic law-making in Parliament.
- One of the things that candidates can highlight is the criticism that DL has taken law-
making away from the democratically elected and allows non-elected ppl such as political
appointees from certain gov departments to make laws.
- This can be made worse if sub-delegation is also practiced within that department
- However, this can be contrasted by highlighting the basic aspect of Parliamentary

control over DL.
- For example, Parliament has the final say on what becomes law by way of an
Affirmative Resolution.
III.) Conclusion
a.) Briefly summarise what we have discussed throughout the essay.
b.) Address the question by stating our stand on whether or not DL actually
threatens democracy by highlighting some of the more important points to support our
view.

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Consider how delegated legislation has played an important role in the development

- Relevant chapter: Delegated Legislation

b.) Briefly define delegated legislation and how it relates to Parliament

c.) Thesis statement: to determine if DL threatens democracy, we need to go

a.) Discuss the workings of DL by highlighting the concept of an enabling Act.

=> Orders in Council: Queen and the Privy Council

=> Statutory Instruments: government ministers and government departments.

=> By-laws: local authorities and public corporations

- Since legislation may have threatened democracy.

b.) Explain Parliamentary controls in detail by going through some of the

=> Scrutiny Committees

=> Affirmative Resolution

=> Negative Resolution

c.) Explain Judicial controls in detail by going through some of the

a.) Re-evaluate the workings of DL and the controls available to regulate

- However, this can be contrasted by highlighting the basic aspect of Parliamentary

a.) Briefly summarise what we have discussed throughout the essay.

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