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:smiley: Advantages and disadvantages of DL (Advantages (saves parliament…
:smiley: Advantages and disadvantages of DL
Disadvantages
Undemocratic
Main criticism - Not checked by democratically elected members of P (HoC) / DL not normally looked at
Acceptable - if there was sufficient control taken place in P. P has limited control (being busy with social concerns such as Brexit (moving out of EU)
No criticism made of By-Law (BL) as BL are made by local authorities - local bodies which are accountable to local citizens
Sub-delegation
law making authority is handed down another level allowing someone else less democratic than parliament to edit the law > causing comments > law made by civil servants are merely 'rubber stamped' by the ministers of the department.
Large volume and lack publicity
Can rise to criticism
DL undemocratic leading to public judgement to be bad > causes comments
This goes against Montesquieu's theory of separation of law responsibility (power should be separate in equal proportions )
Aggravated by lack of publicity > lots of DL are made in private therefore not enough publicity causing criticism about DL being undemocratic as there is no debate (rarely) taken place. Incomparison of SI
Difficult wording
Wordings of DL was undemocratic and technical which led to lack of understanding (not detailed enough) causing misunderstandings in wordings
Rules of Statutory interpretation (define common terms) may have to to be used by courts to understand the meaning of this form of legislation
Advantages
saves parliament time
DL alleviates pressure on P time
2017 33 piece of Primary legislation are introduced (PL) whilst approx 1.300 SI were made. (normally there would be 3,000-4,000) - created by government ministers
P doesn't have enough time to look through all SIs as they are preoccupied with issues of social concern (withdrawal from the EU - Brexit)
P needs to focus on law that effects the whole of society in order to run it properly
DL focuses on modern law
Allow those with technical expertise and local knowledge to make laws which supports the broader aims of the PA
Ministers for health (e.g. make SIs under power granted by PA (Health Act 2006) - BANNED SMOKING IN PUBLIC PLACES AND CARS
local knowledge are not known by member of P as they are based in P in Westminster London therefore they do not no anything that is happening at other local areas than London
E.g. Health and safety execution can make health and safety regulations
E.g. Council can make by-laws under power granted by the local government act 1972 (for the 'good rule and governance')
Government ministers have more time to consult with relevant people (interested groups ) / experts than the P does
Speed - faster than formal procedure through P (PL). DL can be made to update / amend the law
more efficient and updating law more swiftly than going through the process of PL
DL is more flexible and practical - easier to introduce an SI to update law in light of EU directives than Act of Parliament
Allows more time for consultation
P may not have enough time for consultation
DL are made in times of emergency under the PA of the civil contingency act 2004 (this replaced the emergency power act 1920)
E.g. the foot and mouth outbreak 2001 - allowed government ministers to stop the spread of disease within animals (cattle)
OIC is made in times of emergency
Law can be kept up to date / amend
support broader aims and principles set out in PA. DL necessary to implement great deal of technical EU law. More efficient on creating law
E.g. National minimum wage Act (keeps fluctuating)
Control
Due to being controlled by P (not criticized) > improves democratic legitimacy.
DL also known as secondary legislation (SL) can be used to amend HRA 1998 (Human rights act) - needs to be approved by P