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Partly undemocratic Minister or other delegated Contradicts the separation of
Lack of publicity
Delegated legislation is not body may use his powers to powers
Delegated legislation is not
debated in Parliament, apart defeat the purpose of the Act Some delegated legislation
debated in Parliament and so
from statutory instruments e.g. A provision authorising the offends the doctrine of
there is not the same
subject to affirmative Minister to bring an Act into separation of powers- Under
opportunity for the press to
resolution. force bit by bit may be abused this doctrine there are 3
raise public awareness as there
Statutory instruments are to delay indefinitely the branches of power (executive,
is with an Act of Parliament.
drafted by unelected employed implementation of provisions legislature and the judiciary).
This means large amounts of
civil servants and often only designed to benefit the citizen. No one should be a member of
delegated legislation is passed
`rubber stamped' by the e.g. R v Home Secretary ex p more than one branch of
without the public being aware
appropriate Minister. Anosike power and the 3 ranches
of it.
Queen and the Privy council should operate separately from
approve Orders in council and each other- they shouldn't
are not elected bodies. perform each other's duties.
The executive is the
No effective control
Disadvantages Government, therefore
government ministers should
Parliamentary and judicial of Delegated not be making law as this is the
controls are limited. Legislation role of the legislature. The
Negative resolutions mean judiciary should ensure the law
some statutory instruments are passed by Parliament is
overlooked before being applied, and so should not be
passed. Risk of sub-delegation
declaring whether the law is
The scrutiny committee cannot There is a risk of sub-delegation Limited scrutiny given to
valid or not.
make changes to delegated where the body/person who delegated legislation may lead
legislation, only report back its has been given the power to to incomplete or imperfect Delegated legislation may be
findings and suggestions- most make law may pass this down instruments passing into law obscurely worded and difficult to
of these are overlooked. to another e.g. Statutory e.g. Air Navigation Order 1995 understand.
Some delegated legislation that instruments are drafted by was followed by the Air
is ultra vires is never challenged unelected employed civil Navigation (No.2) Order 1995 Delegated legislation can be
due to people ma not know servants and often only `rubber which revoked and replaced the difficult to locate even for
enough of the law to challenge stamped' by the appropriate previous order to fix printing lawyers as it is not noted in the
the validity of it. Minister. errors and defects. Parent Act…read more


Smith E

Unusually presented, very detailed, and a good summary of the key acts. A great resource overall.

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