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Delegated legislation in the United Kingdom
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Delegated legislation in the United Kingdom : ウィキペディア英語版
Delegated legislation in the United Kingdom
In the United Kingdom, delegated legislation is legislation or law that is passed otherwise than in an Act of Parliament (or an Act of the Scottish Parliament, Northern Ireland Assembly or National Assembly for Wales). Instead, an enabling Act (also known as the parent Act or empowering Act) confers a power to make delegated legislation on a Government Minister or another person or body. Several thousand pieces of delegated legislation are made each year, compared with only a few dozen Acts of Parliament.〔See House of Commons factsheet, page 2 and List of Statutory Instruments of the United Kingdom
Delegated legislation can be used for a wide variety of purposes, ranging from relatively narrow, technical matters (such as fixing the date on which an Act of Parliament will come into force, or setting the level of fees payable for a public service, e.g. the issue of a passport), to filling in the detail of how an Act setting out broad principles will be implemented in practice.
==Advantages and disadvantages==
The use of delegated legislation has a number of advantages.
Firstly, it allows laws to be enacted without using up scarce Parliamentary time on technical matters, for example the fine detail of a public sector pension scheme〔See, for example, the (National Health Service Pension Scheme Regulations 2008 )〕 or the precise design of traffic signs,〔See the (Traffic Signs (Amendment) Regulations 2006 )〕 thereby freeing Parliament to discuss matters of broad principle and policy.
Secondly, it allows laws relating to technical matters to be prepared by those with the relevant expert knowledge.〔For example, the (Air Navigation Order 1995 ) contains highly technical rules (including tables, maps, etc) governing the flying of civil aircraft within the United Kingdom〕
Thirdly, delegated legislation is flexible enough to deal speedily with changing circumstances, for example increasing costs of services, developments in scientific knowledge or minor changes in policy. This also makes it invaluable in emergencies when very swift action is required – delegated legislation made under emergency powers can be drafted, enacted and brought into force in a matter of hours rather than the days, weeks or months that would be required to pass an Act of Parliament.〔For example, (The Export and Movement Restrictions (Foot-and-Mouth Disease) (No.2) Regulations 2007 ) were made at 5pm on 5 December 2007 and came into effect at 6pm the same day〕
Delegated legislation can also be criticised on the grounds that it is subject to less parliamentary scrutiny than primary legislation (but see the article on Statutory Instruments for a description of the parliamentary controls which are in place), and thereby may potentially be used by the Government in ways which Parliament had not intended or appreciated when it conferred the power.
This is particularly the case where an Act empowers Ministers to use delegated legislation to amend primary legislation (so-called "Henry VIII powers"). For example, the Deregulation and Contracting Out Act 1994 allowed Ministers to change certain Acts of Parliament by way of statutory instrument, without going through the normal parliamentary legislative process. This power was later extended by the Regulatory Reform Act 2001 and the Legislative and Regulatory Reform Act 2006, although more rigorous parliamentary controls were introduced.
Similarly, delegated legislation may be viewed as a way of removing controversial matters (for example, immigration rules) from the remit of Parliament and putting them under the control of the Government, because they can be regarded as matters of detail.
'Coygn' rules:
Another disadvantage is in the sheer volume of laws that are passed as delegated legislation. Because of this bulk, there is normally little publicity or knowledge about the changes that are being made.
However, there are both parliamentary and judicial controls on delegated legislation which are discussed below.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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