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

What are the advantages & disadvantages of secondary legislation.

Extracts from this document...

Introduction

"What are the advantages & disadvantages of secondary legislation" When looking at the question of the advantages and disadvantages of Secondary Legislation it is first important to establish its advantages and disadvantages as compared to what. That is, what are the other types of legislation that command over what goes on in a society? Once this has been established it is then important to look at these different and see how they differ. Deciphering what makes a particular type of legislation that type can do this. Who makes the type of legislation? How is it implemented and to what degree of the law can it be executed. When this has been done it will be quite clear as to how one type of legislation can be more of an advantage to society than another. When this has been completed it will then be necessary to look at the role of Parliament in the implementation of Secondary Legislation. It will have to be established whether secondary legislation takes away from the law making power of Parliament. Once this has been done an analysis into how widely Secondary Legislation is used will answer the question of whether Parliament is abdicating from its power. ...read more.

Middle

Therefore the decision on procedure is being made with the help of people who have a thorough knowledge of the subject. Statutory Instruments are also subject to a Parliamentary Committee that comprises of members of both Houses. They scrutinise any Instruments that draw the attention of Parliament. The grounds of Ultra Vires also give anybody who may be affected by Secondary Legislation the authority to challenge. This is done by Judicial Review were a person can take the body making the decision to the High Court to challenge the decision. Unlike an Act of Parliament, which is supreme and cannot be challenged, Secondary Legislation can be declared void if it does not follow correct procedure or if it is outside the powers granted. Secondary Legislation is more flexible than a act of Parliament. It can be passed quickly and is easily amended or revoked, so the law can be brought up to date. Through primacy of statute it is impossible for the courts to refuse to apply primary Legislation on the grounds that it is invalid or outdated, a later Parliament or ultimately the European Court of Justice can only do this. There are a number of disadvantages associated with the implementation of secondary legislation mainly due to the fact of the sheer numbers of them that are passed every year. ...read more.

Conclusion

Judges, although allowed to offer their own sometimes interpretation, may never act outside the law laid down by parliament. Parliament is an effective lawmaker because it is democratically elected and this means that the laws passed by parliament will reflect the values and demands of the community. Because parliament is representative and responsible, members of Parliament can be voted out of power if laws are passed which the community does not like or is not prepared to accept. On the other hand the courts are not democratically elected and therefore judges do not have the same responsibility to represent the community. This reduces the effectiveness of the courts as a lawmaker as they may make decisions that are old fashioned or that fail to acknowledge changing technology or values. However, because the courts can act independently of public pressure they are able to make controversial decisions that Parliament may not be prepared to make but are actually for the good of the community, or sections of the community. Having both Parliament and the courts making decisions is beneficial for the community and both can monitor the performance of the other in shaping society and it is harder for one to get away with hidden agendas. For example, Parliament passing an Act, that is not very beneficial to society, coming up to an election just to keep their seat. ...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. "The main aims of the Land Registration Acts were to give certainty to title ...

    35 'Cumulatively they represent a group of interest in registered land which have been singled out as having such distinct social importance or as involving such technical conveyancing difficulty as to merit a protection which derives not from the force of the register but from the force of the statute'.

  2. DELEGATED LEGISLATION

    but nevertheless a tendency to be watched with misgiving." They are made because: 1. of limits on time in Parliament; 2. they allow rapid change; and because 3. MPs lack detailed or technical knowledge. The lack of parliamentary control on statutory instruments is what makes them good - time is saved.

  1. There are a number of advantages and disadvantages for law making in the Westminster ...

    This has been seen in a number of cases, one being the Dangerous Dog Act 1991. This Act was created due to public demand when a dog attacked a young child and subsequently killed them. This Act could have been passed quicker had it been agreed at an early stage

  2. Customer Protection Legislation.

    detrimental to the customer's interest regarding health, safety and other matters, the office of fair trading can demand that the trader should give a written assurance that he or she will stop acting in this manner. Unfair practices include any breach of the law, misrepresentation, misleading pricing, misleading advertising and unfair methods of salesmanship.

  1. Free essay

    heirachy of civil courts

    they only hear appeals), with the divisional court of the family division hearing appeals from the magistrates courts in matrimonial cases, the divisional court of the chancery division hearing appeals on bankruptcy cases from county courts outside London, and the bankruptcy court of the chancery division hearing bankruptcy appeals from London.

  2. Statutory interpretation

    Using the mischief rule and the source I believe the relevant term a judge would have to interpret would be 'for the purpose of prostitution'. Harriet is 'soliciting' the attention of her friend, who is in the 'street' and so using the source would likely be convicted under these two points alone.

  1. Legislations and regulations in sport

    Generally it will be complied with if all the following conditions are met: - the common law of confidentiality and any other applicable statutory restrictions on the use of information are complied with; - the data subject was not misled or deceived into giving the data; - the data subject

  2. Alternative dispute Resolution

    toward the critical attributes of neutrality, subject matter and process expertise, and previous track record." Finally, he noted that with mediation, there is a "lack of finality inherent in a voluntary, conciliation-based procedure." Conciliation is an alternative dispute resolution (ADR)

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