Evaluation (Q3) Advantages/why there is a need for DL Flashcards Preview

Josh's AS LAW 01 Delegated Legislation > Evaluation (Q3) Advantages/why there is a need for DL > Flashcards

Flashcards in Evaluation (Q3) Advantages/why there is a need for DL Deck (15)
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1

Delegated legislation makes use of expert and local knowledge.
-Explanation

Those with expert and local knowledge are involved in making the law and so should be better suited than MPs.

2

Delegated legislation makes use of expert and local knowledge.
-Evidence

Statutory instruments make use of the expertise of the government ministers and their civil servants and by Laws made under the Local Government Act 1972 can reflect a local area’s needs. For example, by-laws made under the Clean Neighbourhoods and Environment Act (2005) can reflect a local area’s needs.

3

Delegated legislation makes use of expert and local knowledge.
-Why

- It makes more sense for Parliament to debate the broader issues and then pass on the finer details to the experts who have more knowledge.
- The law will reflect what is needed for each area

4

Secondly, delegated legislation allows for quick law making.
-Explanation

This is because the process of passing an Act of Parliament can take a long time (up to 1 year), and in an emergency Parliament may not be able to pass law quickly enough.

5

Secondly, delegated legislation allows for quick law making.
-Evidence

Orders in Council, in particular, can be made very quickly, for example, during the Foot and Mouth and Fuel crises of 2000/2001. (you can use any example here)

6

Secondly, delegated legislation allows for quick law making.
-Why

Law can respond in life or death situations, for example when needed to keep the public safe

7

One advantage of delegated legislation is the fact that is saves Parliamentary time.
-Explanation

Approximately 3000 statutory instruments are created each year and Parliament only sits for 60 days per year.

8

One advantage of delegated legislation is the fact that is saves Parliamentary time.
-Evidence

It would be impossible for Parliament to pass all the delegated legislation in the limited time they have.

9

One advantage of delegated legislation is the fact that is saves Parliamentary time.
-Why

The whole Parliamentary year would be taken up with passing these, leaving little or no time for primary legislation to be passed, which is more important.

10

Delegated legislation is also more flexible than an Act of Parliament.
-Explanation

It can be introduced, amended or withdrawn quickly compared to an Act of Parliament. It is much more difficult and lengthy to amend or revoke Acts. Delegated legislation is also flexible as it can be used to deal with unforeseen issues much quicker than Parliament.

11

Delegated legislation is also more flexible than an Act of Parliament.
-Evidence

amending the minimum wage through a Statutory Instrument SI every year.

12

Delegated legislation is also more flexible than an Act of Parliament.
-Why

It allows the law to keep up-to-date and be responsive to new or developing situations.

13

Finally, delegated legislation is democratic to an extent.
-Explanation

-Government ministers who make Statutory Instruments and approve By Laws are elected. Local councilors who make By Laws are elected. However, Orders in Council are drafted by the government, and approved by the Queen and Privy Council who are not elected.

14

Finally, delegated legislation is democratic to an extent.
-Why

Law is being made by the people who are elected to represent society. They should be more fare and representative.

15

Additional advantage – NOT INCLUDED IN WHY WE NEED D.L. BUT SHOULD BE INCLUDED IN ADVANTAGES

Point = Another advantage is that Parliament does retain some control over delegated legislation
Evidence = in the form of Affirmative and Negative Resolutions and the Scrutiny Committee for Statutory Instruments.
Explanation = Also, By Laws must be approved by the relevant minister, and a judge can declare void any delegated legislation that has gone beyond its powers.
WHY= This should ensure that all DL conforms to the requirements of the Parent Act and therefore the will of Parliament.