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

There are a number of advantages to delegated legislation, as a source of law, firstly there is insufficient Parliamentary time.

Extracts from this document...

Introduction

There are a number of advantages to delegated legislation, as a source of law, firstly there is insufficient Parliamentary time. Parliament does not have the time to debate every detailed rule necessary to bring legislation in. It is much easier to produce a quick Act (the enabling Act) e.g. the Social Securities Act 1986 and allow the detail to be filled in by an appropriate department e.g. the department for social security. Secondly there is the advantage of speed. Delegated legislation allows rules to be made more quickly than this could by Parliament. Parliament do not sit all the time and the process of three readings, committee stage and consultation is slow and arduous and would not be very applicable when legislation is needed in response to emergencies and urgent problems. ...read more.

Middle

Another advantage is flexibility, statutes require cumbersome procedures for introducing them and they can only be revoked or amended by another statute. Delegated legislation however can be introduced very quickly as and when it is needed and can also be revoked quickly or amended easily if it proves problematic. However there are also a number of disadvantages to delegated legislation for example the lack of democratic involvement in a democracy. Laws should only be passed by bodies elected by the people and although this includes local authorities it does not include companies such as Nexus who create legislation on the railways e.g. no trespassing. Another disadvantage to delegated legislation is the risk of sub-delegation, this occurs when the delegated body gives the power they were given by Parliament to another body. ...read more.

Conclusion

Lack of control is also shown with the enabling Act; the problem with the enabling Act is that it gives wide discretionary powers to ministers and so this makes it hard to prove that a piece of legislation is ultra vires. Also to challenge a piece of legislation on the grounds that it is ultra vires requires an individual case in court before a judiciary and this may not happen until years after the legislation has been implemented, and not until someone who is prepared to challenge it will it be changed, thus affecting many people in the meantime. Overall there are many disadvantages to delegated legislation however I think that these are outweighed by the advantages. Therefore I feel that it would be impossible to do without delegated legislation, as it is vital in most modern situations. ...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

    S. Tobacco International Inc. 1992, where a ban on oral snuff was held illegal as during the consultation process the company were not given the scientific grounds on which the ban was made. Parliamentary control Rejection of a statutory instrument, although more unlikely than with Acts, will be fatal (since statutory instruments cannot be

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

    Furthermore, the public and even the professionals may find it difficult to keep up with the volume of change, for delegated legislation outnumbers Acts of Parliament by five laws to one. Even though delegated legislation must, by law, be published it is nevertheless not given the same public coverage as

  1. Health Care Ethics and Law

    Is it ethically correct to make judgements on whether a person is deemed competent to consent by what is written in their case notes under the heading IQ, and thus preventing them from having sexual relationships, or should we carry out thorough assessments in all areas before making any decision?

  2. Customer Protection Legislation.

    the information needed by sellers who want to know their legal responsibilities towards their customers. It would be no excuse for a seller to claim that he or she did not know what the law requires. As far as customers are concerned, the legislation also includes information about the steps

  1. Unmarried fathers and their children - has the law got it right?

    the family unit has already broken down, and he his not living with the child. It might be instead to recognise the role a father can play in a child's life, regardless of the state of the parental relationship.24 There are a variety of issues surrounding the concept of parental

  2. Outcome (3): Analyse the provisions relating to the police powers of arrest, search, seizure, ...

    is being arrested that they are under legal obligation and the reason/s of the arrest. An arrest will be invalid if a police constable does not follow out the correct procedure as held in R V Brosch (1988) and Christie V Leachinsiky (1947).

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

    by an Order of Council in the former case or by statutory instrument in the latter (2) Delegation made after 1947 under powers conferred by an earlier Act and formerly governed by the Rules Publication Act 1893 Regulation or order made prior to 1946 may still come into force as statutory instruments if they meet the criteria of pre-existing legislation.

  2. An exercise on Delegated Legislation

    because it substantially affects the day-to-day lives of a large amount of people. Part B A) Mario is about to start a new job as a librarian in a small school. The job requires use of a computer monitor. The deputy head also the school health and safety officer and is anxious to comply with all relevant legislation.

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