Delegated Legislation Flashcards
Types of Delegated legislation
Orders in Council
Drafted by Government departments and approved by King and privy council.
Allows the Government to make legislation without it having it debated or voted in Parliament.
Used in emergencies under Civil Contingencies Act 2004 or when Parliament isn’t sitting. War / Summer recess.
By Laws
Made by local authorities that are given the power by Parliament to make laws which affect local areas and local matters.
Created under Local Government Act 1982
Also can be made by public corporations / companies controlled by the Government.
Statutory Instrument
Allow for changes to be made to current Acts of Parliament without the need of Parliament.
Power to make statutory instrument is outlined in Enabling Act.
In National effect
Made by Government departments.
Advantages of Delegated Legislation
It can save Parliamentary time as it is quicker to make laws this way
If the power were not given to local authorities or Government Department, Parliament would have to pass a thousand new laws every year which would take approximately 18 months.
Furthermore, MPs don’t have to spend unjustified amount of time on routine and making extra laws in every local area
Ministers can be more flexible to any changes and respond to new situations by amending statutory instruments.
They can be altered quickly to deal with new situations as they do not have to go through the Parliamentary process in making the law.
Some Enabling Acts state that interested parties must be consulted before the regulation is created meaning that the law is represented by everyone.
Parliament may not have the necessary knowledge or expertise.
Delegated Legislation often involves areas that are detailed and complex.
This means it is impossible for MPs to have the relevant knowledge to make law in all the areas that are required. This is why the local authorities and the Government department have the power to make laws.
Delegated Legislation can be used in emergency situations as they can be brought in quickly
The Parliamentary process in passing an Act can take a considerable amount of time meaning Parliament can’t pass law quick enough or when Parliament is not able to sit.
Since Delegated legislation don’t have to pass through the Parliamentary process meaning it is preferred as it can be amended or revoke quickly. This upholds the rule of law as the law is being updated and accessible.
Disadvantage of Delegated Legislation
Undemocratic : Delegated legislation is made by non - elected parties but by civil servant.
There is a increasing concern that delegated legislation is being used more often and if non elected people are making the law then they are not accountable in the same way as MPs.
There was sufficient control of delegated legislation however Parliament control is fairly limited and not being democratic is against principle of law.
Lack of debate and publicity : public are frequently unaware delegated legislation exist.
This conflicts with the rule of law as it can makes law uncertain and unascertainable as the law made quickly without the public knowing that they can be withdraw quickly.
It may also conflict with the principle of natural justice as all courts and hearings must be impartial.
Bulky and complex : Delegated legislation can be difficult to understand
Result may be delegated bodies going beyond their power (Ultra Vires). This is because it is being drafted broadly or put together by people with specific knowledge / technical expertise which may lead to statutory interpretation.
There is around 3000 delegated laws past per year, when these are difficult to interpret which may lead to greater litigation.
Control of delegated legislation are not effective.
It relies on members of the public knowing that they can challenge it.
Through the Enabling Act , Ministers are wide power and therefore it could be easy to justify carrying out their actions.
Controls by Parliament
