Disadvantages of Delegated Legislation A03 Flashcards
What are the 4 WDPs for disadvantages of delegated legislation
Large volume
Potential for abuse
Undemocratic/subdelegation
Lack of scrutiny and parliamentary control
-P1: Volume and complexity
less accessible to the public = lack of knowledge
-DP1: Problematic
passed with little debate/scrutiny
+WDP1: Relieves pressure on parliamentary time
allows parliament to prioritise more controversial pieces of legislation
-P2: Problematic as bodies can abuse this power
regulations not in the publics interest, may be for a personal agenda
-D2: Strickland v Hayes
councils acted ultra vires = unfair on public
+WDP2: Flexible, allows for amendments and revoking of regulations
beneficial in changing circumstances or emergencies
-P3: undemocratic allowing bodies outside of parliament to make laws
against parliamentary sovereignty
-DP3: ministers can sub-delegate law down to a level that parliament haven’t intended
undermines parliamentary sovereignty
+WDP3: enables the law to be updated in a
time efficient way and the legislation can evolve with time
-P4: Difficult to effectively scrutinise
the large volume = problematic
-DP4: Controlled by parliament yet ___% of instruments are passed…
90% - with little scrutiny = ineffective
+WDP4: Local councils can pass bespoke, tailored laws
can focus on specific issues