Advantages and Disadvantages of delegated legislation

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  • Created by: ruby
  • Created on: 09-05-13 13:01

Advantages and Disadvantages of delegated legislation

Advantages

  • Time saving - Over 3000 peices of DL each year, Parliament does not have time to pass all these aswell as primary legislation each year
  • DL can be created quickly so that if a situation or emergency arises it can be delt with quickly; an Act would take a long time to pass so would be inneffcient
  • Parliament does not have the knowledge or expertise that may be necssary, so DL allows for experts to be consults, ie the Air Navigation Order 1995 contains technical ergulations about civil aviation
  • Local people know local needs, this bylaws are more appropriate than broad, general national legislation
  • Can be easily revoked if their is a problem, where as an Act would require another statue to amend/revoke it.
  • Fairly democratic as government ministers and local councillors who make alot of the DL are elected

Disadvantages

  • Undemocratic as it is not debated by Parliament, and often drafted by unelected civil servants, only rubber stamped by ministers, and the Queen and Privy Council are unelected
  • Uneffective controls, not all SI are subjected to resolution procedures and judical reveiws require people to bring a case to a judge, so some DL may be ulra vires but never challenged
  • Subdelegation, power to make DL may be passed down to others. eg from ministers to civil servants ect
  • Lack of publicity, DL does not get as much publicity as Parliamentary Acts and is not effectivley presented to the public, thus the public are not even aware of many pieces of DL
  • Lack of scrutiny, suggested that governments use DL to adviod the scruitny of Parliament

Evaluation

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