Disadvantages of DL

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  • Created on: 08-05-10 15:40
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Discuss the disadvantages of delegated legislation
A major disadvantage is that DL is taken away from the elected House of Commons and is
made by nonelected bodies. Secondly, in terms of the checks on delegated legislation,
Parliament's controls are fairly limited and there is also limited scrutiny of regulations. This is
obvious when considering the process of negative resolutions where statutory instruments
become law automatically after 40 days and do not need approval.
The large volume of delegated legislation makes it unascertainable. For example, 3000
statutory instruments are made each year, so it can be very difficult for the public to find what
they need. It is difficult for the public to be fully aware of all of the regulations as they often lack
publicity due to generally being made in private offices / buildings. When Acts of Parliament
are made, the public can refer to Hansard however this is not possible for DL.
When the power to make delegated legislation is passed on to other bodies, it is difficult for
Parliament to control the issue of subdelegation. One view is that statutory instruments are
made by civil servants and are simply `rubberstamped' by the Ministers responsible. Due to
the range of different people involved in making DL, obscure wording may be used and this
can make it difficult to understand.
Finally, where there may be ultra vires, the process of Judicial Review is lengthy and
expensive and only takes place after the DL has come into effect.

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