Advantages and disadvantages of dedicated legislation Flashcards
What is an advantage of delegated legislation regarding Parliamentary time?
It saves Parliamentary time as Parliament does not have time to consider and debate every small detail of complex rules and regulations. Parliament only has time to pass 30 - 50 Acts of Parliament each year. By contrast, more than 3,000 statutory instruments can be passed in a year.
The Misuse of Drugs Act 1971 was the enabling Act under which an Order in Council was made in 2008 to change cannabis from being a class C to a class B drug.
What is a disadvantage of delegated legislation in terms of democracy?
It is undemocratic because it takes law making away from the democratically elected House of Commons.
For example, by-laws are made by local authorities, and even companies such as the Greater Manchester Metrolink System which made by-laws to enforce rules about public behaviour on their premises.
What is a second advantage of delegated legislation regarding expertise?
Experts deal with the detail, once Parliament has dealt with the main principles. Parliament may not have the necessary technical expertise required, for example health and safety regulations in industry need expert knowledge.
Under the Police and Criminal Evidence Act 1984 the Minister for Justice had the expertise and used a statutory instrument to make codes of practice relating to police powers.
What is a second disadvantage of delegated legislation in relation to sub delegation?
Sub-delegation moves further away from the Government Minister who can be seen as merely ‘rubber stamping’ laws for others to make.
For example, the Constitutional Reform Act 2005 allowed the Privy Council to alter the number of Supreme Court judges.
What is a third advantage of delegated legislation in terms of local knowledge ?
Law making is left to those with the local knowledge that Parliament will not have, for example with regard to parking regulations and areas in need of drinking bans in a city, town or village.
For example, Manchester City Council has made by-laws relating to parking restrictions within Greater Manchester.
What is a third disadvantage of delegated legislation in terms of the amount of legislation ?
The large volume of delegated legislation, and the lack of publicity about it, makes it difficult for people to discover or scrutinise the law. Much of it is made in private, and is not publicised, in contrast to the public debates when passing an Act of Parliament.
This makes room for mistakes. For example, by-laws made by local authorities, county, district and town councils. The negative resolution is more of a rubber-stamping procedure.
What is a fourth advantage of delegated legislation in terms of speed and ease?
Speed and ease, as it allows the law to be changed quickly and easily in order to respond to an emergency situation or change in society, which cannot be done quickly by Parliament for example an order in council can be made very quickly to deal with a disaster of threat under the civil contingencies act 2004
What is a disadvantage of delegated legislation in terms of wording?
Obscure or ambiguous wording can make it difficult to understand delegated legislation, requiring judges to use rules of statutory interpretation.
What flexibility does delegated legislation provide?
It allows for greater flexibility to amend or revoke legislation than an Act of Parliament.
What do Enabling Acts allow ministers to do?
Enabling Acts can allow ministers the power and discretion to revoke or amend secondary legislation in line with changing trends and conditions.
Why is consultation important in delegated legislation?
Consultation ensures that legislation is effective and realistic, as it involves bodies that will be affected by the new rules.
Who might be consulted for road traffic laws?
Consulting the police and motoring organisations can help reflect the views of motorists and ensure enforceability.
