Delegated Legislation Flashcards
Advantage of saving time
Cause - 650s MPs in H of C acts take time to debate
On average 1 to 2 years to be passed
Example - Health and Safety Act 1974 through a statutory instrument relating to health and safety in the workplace eg Mining regulations 2014 as they’re lengthy and the details would take Parliament ages
Consequence - Allows Parliament to focus on financial budgets and Brexit is passed
However it is undemocratic
Disadvantage of undemocratic
Cause - Statutory instruments are made by unelected civil servants and the privy council is elected MPs but also unelected judges and bishops
Example - A statutory instrument was passed in 2012 by the Minister of Justice and unelected seevants restricting the rights of immigrants to get legal aid. This sl was challenged in court and it was decided the SL has been made ultra vires and may not be representative of public opinion.
Cause - this means that important laws such as transfer of power and responsibility between government departments may not represent what the public want
However it can be time consuming to go through everyone
Advantage of complexity
Cause - statutory instruments allow specific government departments and ministers to make rules for their area of specialty
Example - PACE 1984 allowed the minister of justice to set the the police codes of practice using his understanding of the criminal justice system. Another example is the minister of agriculture being able to use his knowledge of the industry to set rules of farming
Consequence - these rules are complex and require specialist knowledge to understand which these monsters would have. Parliament as a whole will not have have this knowledge and would be difficult for the to make laws as effectively
However there is a risk of sub delegation
Disadvantage of sub delegation
Cause - ministers of governments may often be busy and delegate their powers to public servants who are influenced by private companies.
Example - many of the very detailed regulations governing health and safety at well in relation to different workplaces are likely to be the work of civil servants and consultants.
Consequence - many sI may be created by unelected bodies and laws may not represent what the people want
However this is undemocratic
Advantage of particular geographical areas
Cause - by enablaing local councils to make by laws they can asses the needs of the local people and respond by making laws to deal with specific issues
Example - excessive drinking and crime in a certain part of town the local council can pass a by law making it an alcohol free zone
Opening and closing times of parks and shops
Consequence - the law can be made by people who know the local area well and have a good understanding to how best to solve problems in that area which Parliament wouldn’t know
Disadvantage volume of DL
Cause - over 3000 sLs and several thousands by laws each year made with little publicity
Example - the British Airports Authority passed a by law stopping tennis rackets being taken on planes by passengers. A passenger was fined for even so even though he was unaware of doing anything wrong
Consequence- this is bad as it is impossible for the average person to be aware of all of these laws meaning that individuals and companies may be unaware of what is legal and illegal
