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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. Parliament does not have the knowledge required to enforce where the parking areas should and shouldn't be in a small local area, nor do they have the time to debate such matters.
- 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.
- QUICKLY PASSED AND EASILY REMOVED - Allows for rapid action in times of emergency (link to Afghanistan (UN Sanctions) Order 2001). Under the Emergency Powers Act 1920 Queen and Privy Council can created OiC - can be easily removed if necessary whereas Ac ts of parliament would require anther act to be made to remove it /amend the mischief.
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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 - DL = not debated by parliament apart from statutory instruments subject to the affirmative resolution procedure. Statutory instruments drafted by unelected permanently employed civil servants and often only rubber stamped by the appropriate ministers. Queen and Privy Council are not elected but approve Orders In Council.
- 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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