Advantages and disadvantages of delegated legislation1️⃣2️⃣

Question 1

(Advantages of Delegated Legislation)
P – Delegated legislation saves parliamentary time.

Answer 1

Dev/I/E:
Development:
Parliament creates over 3,000 statutory instruments yearly. MPs don’t have time to debate all the technical details, like the 8 detailed Police Codes of Practice.
Impact:
Because of this, Parliament can focus on big-picture policy while specialists handle the detail.
Example:
Police Codes of Practice under the PACE Act are created through delegated legislation.

Question 2

(Advantages of Delegated Legislation)

P – Delegated legislation allows access to technical expertise.

Answer 2

Dev/I/E:
Development:
Modern laws can be highly technical, and MPs can’t be experts in every field. For example, the Air Navigation Order 1995 includes 140 pages of complex aviation rules.
Impact:
Because of this, laws are better suited to real-world situations and are more accurate.
Example:
Specialists in aviation law help draft detailed rules that Parliament cannot.

Question 3

(Advantages of Delegated Legislation)

P – Delegated legislation allows for consultation.

Answer 3

Dev/I/E:
Development:
Ministers and local authorities can consult experts and the public before making regulations, making sure rules are practical and accepted.
Impact:
Because of this, laws are more likely to work in practice and be accepted by those affected.
Example:
Consultation helps shape by-laws made by local councils or technical rules in statutory instruments.

Question 4

(Advantages of Delegated Legislation)

P – Delegated legislation allows quick law-making in emergencies.

Answer 4

Dev/I/E:
Development:
The lengthy parliamentary process isn’t ideal for emergencies. Delegated powers allow for fast responses when needed.
Impact:
Because of this, governments can respond quickly to crises, preventing harm or managing urgent issues.
Example:
The Emergency Powers Act 1920 allowed the army to respond to the foot and mouth disease outbreak quickly.

Question 5

(Disadvantages of Delegated Legislation)

P – Delegated legislation is undemocratic

Answer 5

Dev/I/E:
Development:
Power is often given to unelected people, such as civil servants and ministers. Parliamentary controls are limited and not always effectively used.
Impact:
Because of this, laws may be created without proper democratic accountability.
Example:
Ministers making statutory instruments without debate or direct public approval.

Question 6

(Disadvantages of Delegated Legislation)

P – Sub-delegation makes the process less accountable.

Answer 6

Dev/I/E:
Development:
Sometimes the power to make law is passed down even further within departments, meaning the minister simply approves rules made by others.
Impact:
Because of this, laws are even further removed from elected Parliament members.
Example:
A junior official in a government department drafting regulations that are only signed off by the minister.

Question 7

(Disadvantages of Delegated Legislation)

P – The volume and lack of publicity is a disadvantage.

Answer 7

Dev/I/E:
Development:
Thousands of statutory instruments are passed each year, but most receive little or no publicity or debate.
Impact:
Because of this, people may not even be aware of new laws or changes, making the law less accessible.
Example:
A business unintentionally breaking a new regulation they didn’t know existed.

Question 8

(Disadvantages of Delegated Legislation)

P – Delegated legislation can be overly complex.

Answer 8

Dev/I/E:
Development:
The wording is often technical and hard to understand, which can make interpretation difficult without legal help.
Impact:
Because of this, the public struggles to understand or follow the law without expert advice.
Example:
Courts needing to use statutory interpretation to understand a complex aviation or health regulation.