Advantages and Disadvantages of Delegated Legislation

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  • Advantages and Disadvantages of Delegated Legislation
    • Saves money and time
      • It saves precious Parliamentary time.
        • E.g. - the Local government pension scheme regulations 1995 run to 185 detailed pages. There would be nothing gained from debating these in parliament and would waste MP's time.
    • Allows rapid action to be taken in times of an emergency
      • DL can respond immediately to an emergency.
        • E.g. - The food protection order was laid before parliament and came into effect less than 2 hours later.
    • Allows Parliament to concentrate on broader issues of law
      • Parliament can get on with the business of drafting statutes on broad areas of law without the need to get involved in the detail.
        • E.g. - The road traffic act1972
    • Makes use of local knowledge
      • Allows local councils to make laws appropriate to their local areas through the use of bye-laws.
        • E.g.- the price of a ticket in the car park.
    • Sub-delegated legislation
      • The vast majority of DL is not produced by elected MP's but by their full time civil servants who are no more than government employees.
    • Lack of Public awareness
      • New laws can be difficult to locate even for lawyers. There is nothing in the parent act to show how many statutory instruments have been made under it.
        • By-laws are not available even in major public libraries and there is no easy way of knowing what bye-laws have been made until  you break one.
    • Lack of control
      • The vast amount of DL is passed each year inevitably results in poor quality law slipping though the net.
    • Undemocratic
      • A great deal of DL is created by unelected bodies. There is no way as an individual that you can protest against bye-laws


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