Describe Judicial Controls On Law Legislation (8 MARKS) Flashcards
What is the first advantage of delegated legislation?
SAVES PARLIAMENTARY TIME as Parliament don’t have the time to consider and debate every small detail of complex rules and regulations. Parliament only passes 30-50 Acts annually, while more than 3000 statutory instruments can be passed.
What’s an example of the first advantage ?
The Misuse of Drugs Act 1971 allowed an Order in Council in 2008 to change cannabis from a Class C to a Class B drug without needing a new Act of Parliament.
What’s the first disadvantage of delegated legislation ?
IT IS UNDEMOCRATIC because it takes law making away from the democratically elected House of Commons, and law-making powers are transferred to bodies like coal authorities or private organisations.
What’s an example of the first disadvantage ?
The Greater Manchester Metrolink System made by-laws to enforce rules about public behaviour on their premises.
What is the second advantage of delegated legislation ?
EXPERTS handle the detailed work that the Parliament may not have the necessary technical knowledge for, such as health and safety regulations.
What is an example of the second advantage ?
Under the Police and Criminal Evidence Act 1984, the Minister for Justice who had the expertise used a statutory instrument to make codes of practice relating to police powers.
What is the second disadvantage of delegated legislation?
SUB-DELEGATION, where law-making powers are passed to lower levels, removes decision-making further from the Government Minister, sometimes leading to “rubber stamping” of laws.
What is an example of the second disadvantage of delegated legislation?
The Constitutional Reform Act 2005 allowed the Privy Council to alter the number Supreme of Court judges.
What is the third advantage of delegated legislation?
It allows those with LOCAL KNOWLEDGE to make laws, such as parking regulations or drinking bans in cities, towns, or villages.
What’s an example of the third advantage?
Manchester City Council made by-laws relating to parking restrictions within Greater Manchester.
What is the third disadvantage of delegated legislation?
The LARGE VOLUME of delegated legislation and its LACK OF PUBLICITY makes it hard for people to discover or scrutinise the law, leading to potential mistakes.
What is an example of the third disadvantage?
By-laws made by local authorities are often not publicised and passed through procedures like the negative resolution, which is a rubber-stamping process, reducing scrutiny.
What is the fourth advantage of delegated legislation?
SPEED AND EASE as it allows the law to be changed quickly and easily to respond to emergencies or changes in society, something that cannot be done as quickly by Parliament.
What is an example of the fourth disadvantage ?
An Order in Council can be made quickly under the Civil Contingencies Act 2004 to deal with a disaster or terrorist threat.
What is the fourth disadvantage of delegated legislation?
OBSCURE OR AMBIGUOUS WORDING in delegated legislation can make it difficult to understand, requiring judges to use rules of statutory interpretation to clarify it.
