Disadvantages of Delegated Legislation Flashcards
What are the disadvantages of delegated legislation?
- Undemocratic.
- Sub-delegation.
- Large volume.
- Lack of publicity.
- Difficult Wording.
How is delegated legislation undemocratic?
- Takes law making away from the House of Commons, which is democratically elected.
- Allows non-elected people to make law.
- Parliament’s control is fairly limited, making it unacceptable.
When can the criticism of delegated legislation being undemocratic not be used?
- Of by-laws made by local authorities.
- These are elected bodies and accountable to the local citizens.
What is sub-delegation?
When law-making authority is handed down another level.
How is sub-delegation a disadvantage?
Causes comments that much of our law is made by civil servants and is merely ‘rubber stamped’ by the minister of that department.
How is large volume a disadvantage?
Makes it difficult to discover what present law is.
How is the lack of publicity a disadvantage?
Aggravates the problem of it being difficult to discover what present law is.
- Much of delegated legislation is passed through Parliament without debate.
How is the difficult wording a disadvantage?
Can lead to difficulty in understanding what the law means.
