Professional Documents
Culture Documents
English Legal System 03
English Legal System 03
Legislation
Types of Legislation
There are two categories of legislation:
1. Acts of Parliament
2. Delegated legislation
Acts of Parliament
Parliament consists of:
1. The House of Commons
2. The House of Lords
3. The Monarch
The courts cannot question the validity of an Act. However, they must
refuse to apply an Act that contravenes EU law.
Delegated legislation
For many reasons, Parliament has delegated some of its legislative
powers to other bodies. Usually, Parliament passes an 'enabling' Act
setting out the policy involved and the objectives it wishes to achieve. The
Act then delegates the task of filling in the details to some other body.
Rules enacted under such powers are called delegated legislation, and the
following are examples:
• statutory instruments: made by Government Ministers
• bye-laws: made by local authorities
• Orders in Council: made by the Privy Council in the name of the
Monarch on the advice of the Prime Minister.
Delegated Legislation
Delegated legislation has a number of advantages:
• It saves Parliamentary time.
• It may benefit from access to technical expertise, thus leaving Parliament
free to consider and debate the underlying principles.
• Flexibility – it is quick and easy to make and to change.