Delegated Legislation

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Delegated Legislation

Advantages

  • Time- It is speedier than the other processes used, through Parliament. This makes it cheaper.
  • Speed- Takes less time and less aids to get done.
  • Local knowledge- The people making the legislations have more knowledge on the area it applied to and in the field that it applies to.
  • Technical knowledge- The ministers put in charge by the parent act know what to change and have a lot of changing knowledge on this.
  • Flexible- It makes the laws easier to make, as their flexibility means that we can adapt to the EU's frames of mind, meaning that it is easier to adapt due to the changing times.
  • Future needs- This accounts for the future without pushing boundaries.

Disadvantages

  • Undemocratic- Unelected people making the decisions(eg Privy Council and Judges)
  • Subdelegation- Written by civil servants- No scope on bias of judges or civil servants means that it may be unreasonable.
  • Volume- 3000 instruments used every year. Can they scrutinise them all when they can't thoroughly check all of them?
  • Control by Parliament- No control over the people making them- decreases Parliamentary supremacy.
  • Control by Courts- Judicial Review is expensive, and takes up a lot of the time. No scope on Judicial bias.

Evaluation

There are more advantages, however there are deep consequences in the case of Parliamentary Supremacy and control over the reasonableness of laws.

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