Why is Delegated Legislation Needed?
- Too much law is needed for Parliament to be able to look at and make it all.
- Specialist Expertise
- Statutory Instruments are passed by Government ministers who are likely to know what needs to be done in their specific areas.
- Local Knowledge
- Local Councils know what law is needed to combat problems in their local area as opposed to Parliament as a whole.
- Emergency Situations
- In situations such as war, laws are needed urgently therefore there is not time to go through the usual stages of making an Act.
- Delegated Legislation allows law to be amended more easily over time.
1 of 2
Disadvantages of Delegated Legislation
- People who have not been elected are making laws.
- This is true for all apart from bye-laws made by Local Councils.
- Lack of Debate and Publicity
- Most people don't look to find Delegated Legislation.
- Limited Parlimentary Controls
- Enabling Acts are often broad, so Parliament can't disagree to most laws.
- Affirmative/Negative resolutions only give parliament the option to accept or deny law.
- Scrutiny Committee has no power other than referral to Parliament.
- Limited Control by the Courts
- Judicial Review is dependant on an individual starting a case which is unlikely.
- It's difficult for law to be Ultra Vires due to the broadness of Enabling Acts.
- Law could be made by civil servants therefore power is taken even further away from Parliament.
2 of 2
Similar Law resources: