A03 Delegated Legislation 4/14

Question 1

(Adv) Saves Parliament Time

Answer 1

• Otherwise Parliament would have to pass 1000’s of statutes each year (18 months each)
• Don’t need to spend so much time on ordinary and uncontroversial issues - better spent on more important areas of the law that affect everyone

Question 2

(Adv) Parliament don’t have the technical expertise

Answer 2

Delegated legislation results in better laws, benefits the people they affect.
ALSO
Consultation Stage ensures legislation is technically accurate and workable, consultation is mandatory in some enabling acts, ensures law represents everyone

Question 3

(Adv) When Parliament not sitting

Answer 3

• Doesn’t have to pass through the legislative process
• Can be amended/taken away quickly
• Laws kept up to date and accessible
• Complies with ROL (ascertainable)

Question 4

(Dis) Undemocratic

Answer 4

• Made by non-elected parties
• Increasing concern DL is being used to implement important law
• Non elected people making law conflicts with idea of democracy
• Conflicts with Sep of Powers
• FURTHER Parliament’s control is fairly limited
• Further conflicts Sep of Powers

Question 5

(Dis) Lack of Publicity

Answer 5

• Public are frequently unaware that DL exists
• Law can be made quickly without the public knowing and can be withdrawn rapidly
• Conflicts with ROL (uncertain and unascertainable)
• Conflict with the principles of natural justice - must be impartial
• In administrative cases the minister responsible for the case may have made the regulation and will have an interest in the case

Question 6

(Dis) Difficult to control

Answer 6

• Sheer volume 3000/yr makes difficult to supervise
• Judicial review relies on people knowing they can challenge DL + relies on someone bringing a case forward
• May have already affected many people by the time this happens
• Enabling Act gives wide powers - easy to justify/hard to challenge
• Scrutiny Committee lack real power (only recommendations)
• All of the above conflict with -> Sep of Powers (very hard to stop)
  -> ROL (unascertainable + unequal)

Question 7

(Dis) Hard to understand

Answer 7

• Obscurely worded - can lead to parties going ultra vires
• May later require statutory interpretation due to specific terminology used
• 3000/yr so lots of money in legal fees spent challenging when can’t understand

Question 8

(Dis) Contradicts Parliamentary Sovereignty

Answer 8

• Parliament should be the only law makers as they are elected body
• This is to prevent dictatorship and tyranny
  HOWEVER…
  ✅ COUNTER - Parliament retains ultimate control, can revoke power anytime