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Advantages
- TIME SAVING - Saves Parliament time. Little time left in Parliamentary session once all Government bills are passed. DL can be passed quickly - in cases of emergencies, Parliamentary procedure would take two long (two readings in HoL and HoC), would be inappropriate and ineffective.
- PRODUCED WITH SPECIALIST KNOWLEDGE - Parliament does not necessarily posses specialist/local knowledge - local councils = increased knowledge of local areas and thus local issues.
- PARLIAMENTARY CONTROL - Statutory instruments are subject to AFFIRMATIVE or NEGATIVE RESOLUTIONS or are scrutinized by the Scrutiny committee. By laws must be approved by relevant minister. Judge can declare any DL which has gone beyond its powers void.
- DEMOCRATIC TO AN EXTENT - Government Ministers whom are responsible for issuing statutory instruments and approving by laws are elected. Local councillors = by laws = elected. Orders in Council = Drafted by Westminster by approved by unelected Queen and Privy Council.
- FLEXIBLE - Different DL can be developed to suit the needs and address the issues of different local areas with specific issues and problems.
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Disadvantages
- LACK OF PUBLICITY/TRANSPARENCY - DL - insufficiently published. DL not debated by parliament so unequal opportunity for the press to raise awareness with it as an act of parliament - no general effective way to publish DL.
- LACK OF EFFECTIVE CONTROL - Many parliamentary and judicial controls are limited in effect - not all statutory instruments are subject to an affirmative or negative solution, and those subject to negative may be overlooked. Judicial controls dependent on a person challenging the law - limited knowledge, finance and time means this rarely happens, so some DL which is ULTRA VIRES = never challenged.
- CONTRADICTS THE SEPARATION OF POWER - Some DL offends the doctrine of separation of powers. 3 branches of power = executive, the legislature and judiciary - no one should be a member of more than 1 branch and the 3 branches should operate separately from each other. Executive = government, responsible for forming policy. In theory government ministers should not be making law - legislature = Houses of Parliament, not up to Jury to decide if it's valid.
- PARTLY UNDEMOCRATIC - Those whom are responsible for creating legislation under delegated powers are not elected to do so. We elect parliament as our legislator, and it is arguable that delegated legislation completely undermines this point.
- RISK OF SUB-DELEGATION - Risk of the Law-making body passing their authoritative power down to another. Statutory instruments = made by government ministers in their, but in reality made by their civil servants and rubber stamped.
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