Disadvantages of DL Flashcards
What are the 4 disadvantages of DL
- undemocratic
- lack of public awareness
- sub-delegation
- lacks clarity
How is DL undemocratic ?
those w power to create DL aren’t elected
public have little say over DL created and can’t be voted out if orgs. make unsatisfactory rules
How is the undemocratic nature of DL a disadvantage and example ?
cannot control or vote out officials who make DL the public don’t agree with
Railways Act 1993 private companies w out any public control can make bylaws that the public must abide by
How does DL lack public awareness?
public don’t know about types of DL or where to find info and whether it is to be followed or not
Why is it hard for Legal Experts to obtain info on DL
SIs - Parent Act not list all attached DL hard to find
OiC - Foot and Mouth only began being centralised in 2010
By-laws - no central list, councils have different rules on publishing and storing BL
Why is law of public awareness of DL a disadvantage ?
exceptionally difficult to identify what is and what isn’t DL and whether it has been broken or not
How is is there an issue with sub-delegation and what is it ?
when parl. passes down power to body to create DL then the power is passed down again
making SIs where gov. ministers SD power to staff in their dept.
How is sub delegation a disadvantage in DL and examples ?
those w power not using correctly, don’t have time, lacking knowledge to implement DL & means created by unelected officials
Education Act 2002 - allow minust. create curric. , req. deep knowledge of all areas of study
How does DL lack clarity ?
sheer volume of DL & lack of centralisation = unclear & hard 2 identify current law
as made in priv. little debate or coverage
Why is lack of clarity in DL a disadvantage ?
is unclear ambiguous & perplexing meaning difficult understanding DL and need judges to interpret
Health Protect. (Covid) Reg. 2020- brought in v quick w little debate, no time t respond
