Advantages and Disadvantages of the Controls on Delegated Legislation

Question 1

A First Advantage is that… (Limiting Controls)

Answer 1

A first advantage is that the controls limit the power of delegated legislation. Parliament controls are very thorough such as the enabling Act, the Scrutiny Committee and the Delegated Powers Scrutiny Committee. The courts’ control by judicial review is very thorough as judges are independent from government, and are experienced, expert lawyers.

Question 2

2. On the other hand however, a First Disadvantage is… (Large Volume, Scrutiny)

Answer 2

On the other hand however, a Disadvantage is that the large volume of Delegated Legislation means not all of it will be given proper scrutiny. Delegated legislation is too technical and complex to be properly scrutinised by non-experts. Only checks not changes can be made by the Scrutiny Committee and the Delegated Powers Scrutiny Committee.

Question 3

3. A Second Advantage is that Parliament and the courts have ultimate control…

Answer 3

A Second Advantage is that Parliament and the courts have ultimate control over Delegated Legislation.

Parliament can repeal (remove) the enabling Act. The courts are able to declare delegated legislation as void if it is ultra vires.

Question 4

4. On the other hand however, a Second Disadvantage is…

Answer 4

On the other hand however, a Second Disadvantage is that very wide powers in an enabling Act may still be given, and it is difficult to remove an Act. Also, the limited nature of ultra vires means that delegated legislation can only be declared ultra vires if challenged by someone affected.

Question 5

5. A Third Advantage is that the controls are… (Democratic)

Answer 5

A Third Advantage is that the controls are Democratic. Parliament is mainly elected. Although judges in the courts are unelected, they do represent democracy as judicial review is widely available – anyone affected by the delegated legislation can ask for it.

Question 6

6. On the other hand however, a Third Disadvantage is that the controls are time…

Answer 6

On the other hand however, a Third Disadvantage is that the controls are Time Consuming.

For example the Affirmative Resolution Procedure takes a lot of time. The expense, time and determination needed to bring a court case, usually against the government or a public body with greater resources, means that delegated legislation remains unchallenged.