Discuss the advantages and disadvantages of delegated legislation

The government of the day will have an agenda or legislative programme. This will keep Parliament busy and leave it only a limited time to deal with everything. This leads to some legislation being delegated.

Grade: A-C | £1.99.

This essay discusses the advantages and disadvantages of delegated legislation.

The following points are discussed:

  • Parliament's time is limited;
  • Parliament's authority to others;
  • Parliament's lack of expertise-better left to those who have the expertise (statutory instruments);
  • Local authorities have local knowledge of the area- Parliament would not have such knowledge (bylaws);
  • times of emergency or when Parliament is not sitting (Orders in Council);

Disadvantages discussed include:

  • undemocratic procedures and processes involved;
  • in the case of statutory instruments- limited opportunities for scrutiny, publicity and debate;
  • 'affirmative resolution' and 'negative resolution' procedures;
  • limitations of Joint Select Committee;
  • limited control by the courts;
  • 'ultra vires'

 

 

 

(Word count 830)

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