Evaluation of delegated legislation

Question 1

Advantages of DL

Answer 1

• Saves parliamentary time
• allows consultation
• quick law making
• easy to amend

Question 2

save parliamentary time

Answer 2

-> no time to consider, debate, amend evry small detail in legislation
-> DL -> detail of framework act/regular changes
-> min. wage annual changes -> National Minimum Wage Act 1998

Question 3

allows consultation

Answer 3

• public experts
• technical matters = tchnically workable
• i.e road traffic laws consult police + motoring org. reflect views of public
• areas of specific knowledge/local knowledge i.e local councils -> Local by-laws inc. traffic control made under local gov. Act 1982 = increased knowledge of local areas and thus local issues.
• technical by laws i.e for train org.

Question 4

Quick law making

Answer 4

• unlike passing Act of parliament = long time -> inconvenient emergency
• Dl such as orders in council -> vtry quick (w/in hours)
• deal w/ disasters/terrorist threats/national emergencys
  Energy Act 1976 -> fuel crisis

Question 5

Easy to amend

Answer 5

• amended/revoked easily
• law up to date
• annual changes monetary -> legal aid limits

Question 6

Disadvantages of DL

Answer 6

• large volume & lack of publicity
• undemocratic
• complex wording
• length + expense of judicial review

Question 7

large volume and lack of publicity

Answer 7

• over 3000 SI made annually
• difficult to find specific piece of DL
• aggravated by lack of publicity
• made in private + passed through parliament w/out debate
• lack of scrutiny
  ( aggravated by - negative resolution procedure is a mere
  rubber stamp and positive resolutions are rarely invoked)

Question 8

undemocratic

Answer 8

• made by non- elected people
• some forms are made by
  civil servants, some are made by the Privy Council or by public
  corporations.
• Not all of these bodies are democratically
  accountable which is unconstitutional
• takes power away from democratically elected HoC

Question 9

difficult wording

Answer 9

• share issue w/ Acts of parliament
• technical, obscure, legalistic and open to different
  interpretations- difficult understanding
• Rules of statutory interpretation may need to be used in courts to understand DL

Question 10

DL controls are effective

Answer 10

• questioning of ministers
• Judicial review

Question 11

questioning of ministers

Answer 11

• draw parliaments attention to unsatisfactory law
• However
• rely on sympathetic MP to raise question
• may give vague answers

Question 12

Judicial review

Answer 12

• important check
• limited
  ‘standing’ person challenge (someone affected by it)
• may be in force for yrs before someone affected prepared to challenge
• indiividual less rss than gov. (usually)

Question 13

controls on DL are not effective

Answer 13

• amount & technicality -. lack of scrutiny and difficult to do so
• affirmative resolution procedure rarely stops being passed -> only pwr to highlight issues
• negative resolution procedure -> rarely stops it being passed -> Most SI passed this way -> Mps other roles = no time