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What are the advantages & disadvantages of secondary legislation.

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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of statute it is impossible for the courts to refuse to apply primary Legislation on the grounds that it is invalid or outdated, a later Parliament or ultimately the European Court of Justice can only do this.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.

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