Advantages and Disadvantages of Delegated Legislation Flashcards
- A First Advantage is that…(Parliamentary Time)
A First Advantage is that it saves Parliamentary time as Parliament does not have time to consider and debate every small detail of complex rules and regulations. For example, 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.
- On the other hand however, a Disadvantage is… (Undemocratic)
On the other hand however, a Disadvantage is that 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.
- A Second Advantage is… (Experts/Detail)
A Second Advantage is that 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.
- On the other hand however, a Second Disadvantage is… (Sub Delegation/Passed Down)
On the other hand however, a disadvantage is that sub-delegation, where the law making power is handed down to another level, 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.
- A Third Advantage is… (Local Knowledge/By Laws)
A Third Advantage is that 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
- On the other hand however, a Third Disadvantage is… (Large Volume/Lack of Publicity)
On the Other Hand However, a Disadvantage is that the large volume of Delegated Legislation, and the lack of publicity about it, makes it difficult for people to discover 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. For example, by-laws made by local authorities, county, district and town councils
- A Fourth Advantage is… (Speed and Ease)
A Fourth Advantage is 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 or terrorist threat, under the Civil Contingencies Act 2004.
- On the other hand however, a Fourth Disadvantage is… (Wording/Understanding)
On the other hand however, a Disadvantage is that obscure or ambiguous wording can make it difficult to understand delegated legislation, with even judges having to use rules of statutory interpretation in order to understand it.
