HOw does Delegated legislations interact with precedents? PLZ HELP! (1 Viewer)

[Mellonie]

if you know how delegated legislation interact with precedents, plz geet back to me...
its in my exam, but i cant find it anywere... i think cuz it was a yr 11 topic...
mel

 

[bEAbEA]

I don't think they do relate to each other.

Delegated Legislation is the law made by sub ordinate or lower authorities.
Precedents are laws based on previous cases, usually derived from Britain and Common law.

 

[wrong_turn]

delegasted legislation is power that is given to authorities that are too petty for the govenment to handle.

delegated legislation i think can be related to precedents, in order to maybe disprove a case, however not in strict liability cases.

i might be very wrong. i tried to help though...

 

[Jonathan A]

It's a tough question.

The fact is if parliament has enabled a body to make by-laws, then those laws are enforceable by the courts, e.g. your road rules.

The way they interact with precedents is pretty much the same as how legislation interacts with precedents. That where conflict arises between the two, the legislation will prevail.

 

[melsc]

Wouldn't delegated legislation override precedent as statutes override precedent - delgelated legislation is statutes isnt it its just been made my suborniate bodies by power given the legisalkture???

 

[Jonathan A]

Wouldn't delegated legislation override precedent as statutes override precedent - delgelated legislation is statutes isnt it its just been made my suborniate bodies by power given the legisalkture???

I would say so. See parliament gives them power to make laws, so if court said they didn't have power to make those laws in precedent, then that precedent is going against the laws allowing the subortinate authority to make their laws.

To make things easier:

Parliament makes legislation

Courts make precedents

Subordinate bodies make by-laws, ordinances, regulations, delegated legislation

The legislation that allows the subordinate bodies to make their delegated legislation is usually referred to as an "Enabling Act".

 

[Mellonie]

I think i understand

Wouldn't delegated legislation override precedent as statutes override precedent - delgelated legislation is statutes isnt it its just been made my suborniate bodies by power given the legisalkture???

OK so everyone agrees, that the way precedents interact with delgated legislation, is the same way we find precedents to act with legislations in court.

So in a court procedure, we will find a delegated legislation, to be used in a case, over a precedent because a delegated legislation is a statue law? And statue law will always over ride, a precedent if an argument occurs.

 

[julz1245]

hehe hey mela, i think mr d. messed something up because i couldn't find anything in the textbooks about this either, except about delegated legislation/precedent separately

 

[Jonathan A]

OK so everyone agrees, that the way precedents interact with delgated legislation, is the same way we find precedents to act with legislations in court.

So in a court procedure, we will find a delegated legislation, to be used in a case, over a precedent because a delegated legislation is a statue law? And statue law will always over ride, a precedent if an argument occurs.

Well look at it this way: You sue the Gas man for trespass to your land because you feel he was not authorised to enter your property to check the meter. You go to court and the Gas man's defence lawyer states that delegated legislation has enabled him to do this. This is an example where common law would use legislation or delegated legislation. It is very common where councils are concerned.

 

[Jonathan A]

hehe hey mela, i think mr d. messed something up because i couldn't find anything in the textbooks about this either, except about delegated legislation/precedent separately

Well its not very common. I will give you an example. The High Court in Mabo recognised a Native Title to land. So in order to ensure that restrictions and regulations of that were in place, the Government put in place the Native Title Act 1993. Any inconsistencies between Mabo and the Act, the Act would prevail (ensure to note that the high court has power over parliament on interpreting the constitution).

However if the local council didn't like the decision of Mabo and refused to follow any orders, they would probably have no powers under the Enabling act to stop anything like that. Delegated legislation, is delegated -> the body can only make by-laws in the area they have been given power to do so.

 

[Mellonie]

Mwa

if you know how delegated legislation interact with precedents, plz geet back to me...
its in my exam, but i cant find it anywere... i think cuz it was a yr 11 topic...
mel

OK EVERY ONE WE GET IT! THANX HEAPS!

AND after reading all the reply's if u still dont get it here i'l make it simple for u

delegated legislation is same as a statue. Just because a body (a subordinate body) made it, doesnt mean anything. ONce this delegated legislation is passed, it is known as a statue.

SO when we go to a court session, with a criminal, you know what happens...
THe criminal has to get charged lol ANyway easily, the common law system usually uses precedents to determine the punishment right? What about, if a statue law does not agree or conflict with a precedent? We always find a statue wins over precedents!

SO the end here is a delegated legislation= statue law will win over precedents. Thats how they interact!