Delegated Legislation: AO3

Question 1

P - Time

Answer 1

DP - If gov didn’t give powers to gov dept and local authorities, Parliament would have to pass thousands of new statutes every year, takes approx 18 months
WDP - Allows Parliament to spend their time on important laws affecting whole contry

Question 2

P - Knowledge and Technical Expertise

Answer 2

DP - Modern society has become very complex and technically it is impossible for MPs to have the relevant knowledge of all areas
WDP - Can use experts who are familiar with relevant areas, e.g., Health & Safety and Parking regulations need experts

Question 3

P - Parliament need to response quickly to affect future needs of society

Answer 3

DP - Process of passing Act can take considerable time, Parliament may not be quick enough/unable to sit
WDP - DL doesn’t have to pass the Parliamentary process, can be taken away or amended quickly, law can be kept up to date

Question 4

P - Flexibility

Answer 4

DP - Altered quickly to deal with new situations as they don’t have to be passed through the process
WDP - If problematic, can be taken away as quickly as can be given, unlike act which has to be replaced with new one

Question 5

P - DL made by non-elected parties/ usually civil servants

Answer 5

DP - Recently, there’s increasing concern that DL is being used more and more to implement important laws/policies, if non - elected parties make law, may not be directly accountable like MPs
WDP - Wouldn’t be a problem if there was Parliamentary control, but its not sufficient

Question 6

P - Public are frequently unaware DL exists

Answer 6

DP P Conflicts with ROL, makes law uncertain and unascertainable, law can be made quickly without public knowing
WDP - Conflicts with principles of natural justice as all courts and hearings must be impartial but in admin cases, the minister may have made law they’re dealing with

Question 7

P - Controls of DL are not effective, as the sheer volume of legislation passed in this was makes it difficult to supervise

Answer 7

DP - Challenge through courts relies on public brining action to court, may be yrs after original law is passed, people have been negatively affected by it, relies on public knowing they can challenge against it
WDP - Ministers given wide powers through EA, easy to justify their actions

Question 8

P - DL is difficult to understand

Answer 8

DP - Can be obscurely worded, difficult to understand law. May be result of DL going beyond their power/drafted too widely, if courts can’t understand it, can lead to statutory interpretation
WDP - Around 300 DL’s are passed per yr, when they’re difficult to interpret, can lead to greater litigation as DL will be challenged, expensive - legal fees and appeals