del leg evaluation Flashcards
1
Q
detailed law (reasons for use)
A
- in modern society there are a large number of rules and regulations,
- they are needed to make society work effectively and safely,
- Parliament doesn’t have time to deal with all the detail needed so del leg is used to make sure this can happen,
2
Q
expert knowledge (reasons for use)
A
- a lot of legislation needs expert knowledge of the subject matter so the law is effective,
- Parliament doesn’t have the knowledge to draw up complicated laws about things such as technology and the environment, so using experts is the best way to make good laws,
- it is better for Parliament to debate the main principles thoroughly and leave the detail to the experts,
3
Q
local knowledge (reasons for use)
A
- for bylaws, local councils know their own areas best and can therefore make the best decisions,
- e.g. which areas need a drinking ban,
- it would be impossible for Parliament to deal with local requirements for every area of the country,
4
Q
consultation (reasons for use)
A
- this is particularly important for rules on technical matters to make sure regulations are workable and accurate,
- by using del leg, ministers can get all the info needed to create regulations,
- some enabling acts state interested parties must be consulted before laws are made (Aylesbury Mushrooms)
5
Q
reasons for the use of del leg
A
- consultation,
- local knowledge,
- expert knowledge,
- detailed law,
6
Q
saves parliamentary time
A
- parliament doesn’t have time to consider and debate every small detail of complex regulations,
- making these regulations through del leg saves a lot of time,
7
Q
access to technical experts
A
- modern society has become very complicated and technical, so that is impossible that members of Parliament can have all the knowledge needed,
- by using del leg, the experts can be consulted,
8
Q
allows consultation
A
- ministers can have the benefit of further consultation before they draw up the regulations,
- consultation is partially important,
- where rules are being made in very technical areas,
9
Q
allows quick law making
A
- process of passing an Act of Parliament is very time consuming and not appropriate in times of emergency,
- Del leg (especially orders in council) can be made very quickly,
10
Q
easy to amend
A
- del leg can be amended and revoked easily to keep the law up to date,
- this is useful for things that change regularly like the nation minimum wage or limits on legal aid,
- ministers can also respond to unforeseen issues by creating laws quickly and efficiently,
11
Q
advantages
A
- saves parliamentary time,
- access to technical experts,
- allow consultation,
- allows quick law making,
- easy to amend,
12
Q
disadvantages
A
- undemocratic,
- sub-delegation,
- large volume and lack of publicity,
- difficult wording,
13
Q
undemocratic
A
- main criticism of del leg,
- takes law making power away from elected officials,
- this is acceptable provided parliament maintain sufficient control but as we have seen the controls are limited,
- this criticism does not apply to bylaws made by local authorities as local councils are elected and therefore accountable,
14
Q
sub-delegation
A
- this means the law making power is often passed down another level,
- so instead of being made by the Minister who has been given the power it’s actually made civil servants and just rubber stamped by the minister,
15
Q
large volume and lack of publicity
A
- such a large quantity of del leg made each year that it is difficult to keep up with the changes,
- this problem is made worse by the lack of publicity as much of it is made in private without debate in Parliament,
16
Q
difficult wording
A
- del leg has the same problems as Acts of Parliament with regard to complex and obscure wording,
- this can make it difficult to understand what the law means and how it applies,
