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Examining the advantages and disadvantages of Delegated Legislation, can it

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2. (b) Examining the advantages and disadvantages of Delegated Legislation, can it be considered an effective form of law making? Delegated legislation has many advantages. One of the main advantages of delegated legislation is that it saves time so that Parliament can concentrate on broader policies rather than fine detail. This allows the Government to prioritise its Manifesto promises to the electorate. The time it takes to draft a piece of delegated legislation is much less than it takes for an Act of Parliament to be passed as law. It takes much less time to draft a 6 month tenancy agreement, for example, as compared to a whole new Landlord and Tenant Act. Furthermore, as can be seen in the above example, delegated legislation can be more specific to either a locality or to a situation. ...read more.


or if it produces retrospective legislation by backdating an offence. These committees are more concerned with procedure rather than substance. The Lords Committee on the Merits of Statutory Instruments is there to consider the substance and the implications of any instrument. The House of Lords also contains a Delegated Powers Scrutiny Committee to keep Parliamentary delegation of power under constant review. Besides the strict controls placed upon delegated legislation, another advantage of such legislature is that it allows flexibility in an Act of Parliament - for example, in the rates of benefits that change over time. Delegating legislation to the relevant government department avoids the need to create a new Act of Parliament every time the rates of benefits change. ...read more.


However, the risk of sub delegation is increased when Parliament makes the decision to delegate power to legislate. Nevertheless, whatever disadvantages there are to delegated legislation, it is very much a 'necessary evil'1 since it saves so much of Parliament's time for more important matters and since it benefits from the specialist knowledge of various individuals and organisations. We must also remember that delegated legislation is always very closely supervised by Parliament. Even if, considering all the remaining disadvantages of delegated legislation, we wished to change the system, it would take years and years since delegated legislation is now just as integral to United Kingdom law as are Acts of Parliament. Perhaps it could even be called 'inevitable'2 1 Committee on Minister's Powers (1932) 2 Committee on Minister's Powers (1932) ?? ?? ?? ?? ...read more.

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