Delegated legislation

Created by: Katherine
Created on: 11-01-13 10:28


	Delegated legislation
	Advantages Expertise Saves parliament time Allows for consultation - e.g. Aylesbury mushroom case Parliamentary controls - e.g. SIs need resolutions & Bylaws need MP approved Democractic - e.g. people have been voted in the sort out problems Deals with local issues Deals with emergencies Flexibility	Disadvantages Volume and overuse Sub-delegation - e.g. passing down authority Obscurity and ambiguity - e.g. Words can be difficult to understand Limited control
	Evaluation There are three types of delegated legislation which are Statutory Instruments, By-laws and Orders in Council. These all deal with different types of legislation and there are different ways in how to control each of them. Statutory instruments need negative and positive resolutions, while orders in council are made by the government and By-laws need to approved by central government and MPs. However, all the different types of delegated legislation need to Consultation (e.g. Aylesbury Mushroom case), publication, control by parliament and control by the courts. The courts can control delegated legislation by Judicial review where it can be challenged for being ultra vires or can issue prerogative orders. So, all together delegated legislation can be confusing but as long as you know the different types and the different controls inside and out there is a good chance of doing well in one part of law.

Delegated legislation

Advantages

Expertise
Saves parliament time
Allows for consultation - e.g. Aylesbury mushroom case
Parliamentary controls - e.g. SIs need resolutions & Bylaws need MP approved
Democractic - e.g. people have been voted in the sort out problems
Deals with local issues
Deals with emergencies
Flexibility

Disadvantages

Volume and overuse
Sub-delegation - e.g. passing down authority
Obscurity and ambiguity - e.g. Words can be difficult to understand
Limited control

Evaluation

There are three types of delegated legislation which are Statutory Instruments, By-laws and Orders in Council. These all deal with different types of legislation and there are different ways in how to control each of them. Statutory instruments need negative and positive resolutions, while orders in council are made by the government and By-laws need to approved by central government and MPs. However, all the different types of delegated legislation need to Consultation (e.g. Aylesbury Mushroom case), publication, control by parliament and control by the courts. The courts can control delegated legislation by Judicial review where it can be challenged for being ultra vires or can issue prerogative orders. So, all together delegated legislation can be confusing but as long as you know the different types and the different controls inside and out there is a good chance of doing well in one part of law.

Get Revising

Delegated legislation