Advantages and Disadvantages of Delegated Legislation

Why is Delegated Legislation Needed? What are the Disadvantages of Delegated Legislation? Summary.

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Why is Delegated Legislation Needed?

  • Time
    • 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.
  • Flexibility
    • Delegated Legislation allows law to be amended more easily over time.
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Disadvantages of Delegated Legislation

  • Undemocratic
    • 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.
  • Sub-delegation
    • Law could be made by civil servants therefore power is taken even further away from Parliament.
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Comments

Natalie Beard

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Can't fault it, keep 'em coming! :)

Natalie Beard

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Can't fault it, keep 'em coming! :)

haneen

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GREAT JOB!

Duyen

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It's really useful, thank you.

AE793x

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not very indept, this would get you half the marks. good summary of it however, thanks!

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