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Delegated legislation - advantages and disadvantages

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ADVANTAGES

DISADVANTAGES

Used because:

  • Saves limited time in Parliament;

  • Allow rapid change;

  • MPs lack detailed or technical knowledge. E.g. Specific details in Abortion Act, Road Traffic detail

  • Quick response to new developments, e.g. Foot and Mouth outbreaks. The Prevention of Terrorism (Temporary Provisions) Act allows the quick addition of new prohibited groups.

  • Enables minor changes to statutes, e.g. Variations in sentences, approval of motor vehicle changes.

  • Judicial review may be sought, by parties with locus standi, (i.e. Persons sufficiently affected by the legislation), so time is not wasted by Parliament considering them all.

  • Model bylaws available from Whitehall.

  • Withdrawal or amendment easy.

Using delegated Legislation

  • implies that Parliament has insufficient time to scrutinise it. Parliament is not reviewing legislation properly.

  • Sub-delegation of powers a further problem (although not for EU statutory instruments), which causes complexity and confusion.

  • Sheer volume causes complexity - it is impossible for anyone to keep abreast of all delegated legislation.

  • Lack of publicity, not known about by the public (and often lawyers).

  • It is undemocratic as most regulations are made by civil servant or other unelected people, except for local authority bylaws made by elected councillors

  • Henry VIII clauses can give power to delegated legislation or amend or repeal Acts of Parliament

 

 

Lord Hewart describes delegated legislation as "The New Despotism"

"Whether good or bad", delegated legislation is inevitable (The Committee on Minister's Powers (1932)) One member said that it was "a necessary evil, inevitable, ... But nevertheless a tendency to be watched with misgiving."

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