Delegated legislation

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  • Created by: Katherine
  • Created on: 11-01-13 10:28

Delegated legislation

Advantages

  • Expertise
  • Saves parliament time
  • Allows for consultation - e.g. Aylesbury mushroom case
  • Parliamentary controls - e.g. SIs need resolutions & Bylaws need MP approved
  • Democractic - e.g. people have been voted in the sort out problems
  • Deals with local issues
  • Deals with emergencies
  • Flexibility

Disadvantages

  • Volume and overuse
  • Sub-delegation - e.g. passing down authority
  • Obscurity and ambiguity - e.g. Words can be difficult to understand
  • Limited control

Evaluation

There are three types of delegated legislation which are Statutory Instruments, By-laws and Orders in Council. These all deal with different types of legislation and there are different ways in how to control each of them. Statutory instruments need negative and positive resolutions, while orders in council are made by the government and By-laws need to approved by central government and MPs. However, all the different types of delegated legislation need to Consultation (e.g. Aylesbury Mushroom case), publication, control by parliament and control by the courts. The courts can control delegated legislation by Judicial review where it can be challenged for being ultra vires or can issue prerogative orders. So, all together delegated legislation can be confusing but as long as you know the different types and the different controls inside and out there is a good chance of doing well in one part of law.  

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Former Member

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Thanks so much for this :)

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