pro and cons of DL

the pros and cons of the DL

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  • Created by: Shaheen
  • Created on: 20-03-11 17:53

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 and 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....
  • Subdelegation-Law could be made by civil servants therefore power is taken even further away from Parliament...
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