• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Delegated Legislation Advantages and Disadvantages.

Extracts from this document...

Introduction

´╗┐Substantive ultra vires is usually based on the claims that the measure under review goes beyond the powers that Parliament granted under Enabling Act. In Custom and Excise Commissioners vs Cure & Deeley Ltd, the commissioner role was only to collect taxes due by law and not decide on the amount that they thought fit. Hence, they had acted beyond powers granted. Unreasonableness may also be a ground for challenge. If rules are manifestly unjust, or so perverse that no reasonable official would make them, the court can declare invalidity. Delegated legislation has disadvantages such as inadequate democratic involvement as it is made by civil servants rather than elected politicians. There may also be sub-delegation where ministers delegate law-making to a civil servant. ...read more.

Middle

Controls of delegated legislation may be insufficient unless reforms are made to ensure the effectiveness. Delegated legislation is advantageous as it can be challenged under the procedure of judicial review whereas the validity of a statute can never be challenged due to parliamentary sovereignty. Ultra vires is where a person had acted beyond the powers granted. This may be based on 2 grounds for judicial control which may be procedural or substantive grounds.Procedural grounds is where a citizen may challenge the validity of delegated legislation where there has been a failure to follow procedures laid down in Enabling Act. Substantive ultra vires is usually based on the claims that the measure under review goes beyond the powers that Parliament granted under Enabling Act. ...read more.

Conclusion

The lack of control due to ineffective controls may lead to lack of democracy in the system. However there are several advantages in delegated legislation. For example, it may be necessary as Parliament may have insufficient time to debate every rule for an efficient government. The speediness allows rules to be made more efficiently as compared to the slow Parliament procedures. This is necessary in times of emergencies. In addition, MPs do not usually have the technical knowledge required whereas delegated legislation can use experts familiar with relevant areas. Similarly, local bye-laws can only be made effectively with awareness of the locality. Delegated Legislation has its advantages and disadvantages. It may make the process of amending existing legislation simpler but may unnecessarily shift power from a democratically elected Parliament to an executive. Controls of delegated legislation may be insufficient unless reforms are made to ensure the effectiveness. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Sources of Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Sources of Law essays

  1. DELEGATED LEGISLATION

    against Statutory Instruments in committee have no legal effect; and also that it is a technical committee rather than one concerned with merit. Reports of the Joint Committee can be ignored. It is required to draw Parliament's attention to instruments that: 1.

  2. Examining the advantages and disadvantages of Delegated Legislation, can it

    A Statutory Instrument may be reported to this Committee if it goes beyond the powers conferred to it by the Parent Act, or if it imposes a tax (which is not allowed)

  1. What are the advantages & disadvantages of secondary legislation.

    There are three different types of secondary legislation. These are Orders in Council, Statutory Instruments and bye- laws. Orders in Council are government orders of a legislative process made by the crown and members of the Privy Council either under statutory powers conferred on the Monarch in Council or as

  2. An exercise on Delegated Legislation

    work is periodically interrupted by breaks or activity change" Because of the deputy head's anxiousness to comply with all relevant regulation she will go that extra mile to meet all the three regulation, even offering an appropriate eye test if they want which Regulation 3 state "gives users the opportunity

  1. Police powers vs Stop and Search

    These provisions should protect people behaving normally: window cleaners, post and milk deliverers and casual visitors. The power of stop and search under PACE can only be exercised if the constable has reasonable grounds for suspecting that stolen or prohibited articles or knives will be found.

  2. Explain the different aspects of delegated legislation. Analyse the degree of scrutiny by Parliament ...

    law and the application of such laws is often a question for the House of Lords. It is arguable as to whether the society we live in is truly democratic. The separation of powers does not allow for any one body to have complete power meaning that the elected body must share power with those of the unelected body.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work