Delegated legislation disadvantages

Question 1

undemocratic

Answer 1

Privy council are made up of non-elected judged and bishops. In 2012, a statutory instrument was passed by minister of justice restricting the rights of immigrants to get legal aid.

Question 2

DL can be complex

Answer 2

can be long and complicated. R V swindon NHS trust, involved technical rules and specific drugs, judges had to decide what was meant by “exceptional” in relation to medical needs.

Question 3

large volume and little publicity

Answer 3

over 3000 statutory instruments each year, people are unaware of laws. British airports banned tennis raquets on board, someone was fined even though he was unaware of the law.

Question 4

controls not always effective

Answer 4

scutiny committee can only refer probs to P, very few judicial reviews are successful. In 2018, 3,600 reviews were requested but only 184 cases went ahead and gov lost 40%.