Describe Adv+ Disadv Of Delageted Legislation (12) Flashcards
(13 cards)
Advantages of Delegated Legislation?
- Saves Time for Parliament
• Parliament is too busy and can only pass around 30–50 Acts a year.
• Delegated legislation lets over 3,000 detailed rules (like Statutory Instruments) be passed yearly.
• Example: Changing cannabis class in 2008 under the Misuse of Drugs Act 1971.- Expertise
• Experts (not MPs) make detailed rules.
• Parliament handles big ideas, experts handle specifics.
• Example: Minister for Justice used a Statutory Instrument to create police codes under the Police and Criminal Evidence Act 1984. - Local Knowledge
• Local councils understand local issues better than Parliament.
• Can make rules about parking or alcohol bans in their area.
• Example: Manchester City Council’s by-laws for parking. - Speed & Flexibility
• Can respond fast to emergencies, unlike Parliament.
• Example: Orders in Council under Civil Contingencies Act 2004 for disasters or terrorism.
• Can also easily update or remove outdated rules. - Consultation
• Before making rules, ministers or councils can talk to experts or affected groups.
• Example: Traffic laws can involve police and motoring groups to make sure they’re fair and workable.
- Expertise
Disadvantages of Delegated Legislation
- Undemocratic
• Laws are made by people who are not elected, like local councils or companies.
• Example: Greater Manchester Metrolink making rules for tram behaviour.- Sub-delegation
• Ministers sometimes pass the power down even further (e.g., to the Privy Council), so decisions are far removed from elected officials.
• Example: Constitutional Reform Act 2005 let the Privy Council change number of judges. - Too Much Law / Lack of Publicity
• Too many rules are made, and most people don’t know about them.
• They are not debated in public like Acts of Parliament.
• Example: Quiet by-laws made by councils. - Unclear Wording
• Sometimes the language in delegated legislation is confusing or unclear.
• Even judges need to interpret the meaning using legal rules.
- Sub-delegation
Why does delegated legislation save time?
Parliament is too busy to deal with every small detail. Delegated legislation allows over 3,000 laws to be made each year, compared to 30–50 Acts.
Give an example of time-saving delegated legislation.
In 2008, an Order in Council reclassified cannabis from class C to class B under the Misuse of Drugs Act 1971.
Why is expert input an advantage? And give Example of expert use in delegated legislation?
Experts can create detailed rules Parliament may not understand fully (e.g., health & safety or policing rules).
The Minister for Justice made police codes of practice using a Statutory Instrument under the Police and Criminal Evidence Act 1984.
Why is local knowledge useful in delegated legislation? And give eg. Of local knowledge in action.
Local councils know what their communities need, like local parking rules or alcohol bans.
Manchester City Council made parking by-laws for Greater Manchester.
Why is delegated legislation faster than Parliament?
Give an example of fast response through delegated legislation.
It can be passed quickly in emergencies without going through full parliamentary debate.
Orders in Council under the Civil Contingencies Act 2004 can respond to disasters or terrorist threats immediately.
Why is flexibility an advantage of delegated legislation?
Ministers can change or cancel rules easily as society or conditions change.
How is consultation an advantage?
Relevant groups (like police or motor organisations) can give input before rules are made, making the law more effective.
Why is delegated legislation undemocratic?
Q12: Example of undemocratic rule-making?
It allows non-elected bodies (like councils or companies) to make laws.
Greater Manchester Metrolink made its own public behaviour rules using by-laws.
What is sub-delegation and why is it a problem?and Give an example of sub-delegation.
Power gets passed down again, further away from elected control, like when ministers let others (e.g. Privy Council) make final decisions.
Constitutional Reform Act 2005 allowed the Privy Council to change the number of Supreme Court judges.
Q15: Why is the volume of delegated laws a problem? And give an eg. Of unnoticed delegated legislations.
A: So many are made that the public can’t keep up, and most are not debated or well-known. They are mostly made in private and are diffucilt for people to discover leaving lots of room for mistakes.
Eg. By-laws made quietly by councils without public debate.
Why is wording a disadvantage?
Some laws are hard to understand, even for judges, and need interpretation.
