pro's and cons of delegated legislation

• how does DL save parliamentary time?

  Delegated legislation allows Parliament to focus on broad policy rather than detailed lawmaking. This is a pro because it avoids wasting time on minor details and ensures that important national issues are addressed efficiently. For example, the Motor Cycles (Protective Helmets) Regulations 1998 let the Secretary of State specify helmet types under the Road Traffic Act 1988, avoiding lengthy debates in Parliament.
• How does delegated legislation benefit from technical expertise?

  Delegated legislation allows specialists to handle complex technical matters, such as the Cableway Installation Regulations 2004, which required expertise on cable cars and ski lifts. This is a pro because Parliament often lacks the detailed knowledge needed for technical laws, ensuring that regulations are practical and effective.
• How does delegated legislation provide flexibility?

  Delegated legislation allows laws to be made quickly in emergencies, avoiding delays caused by parliamentary procedures. This is a pro because it ensures swift responses to urgent issues, such as the Flood Protection (Emergency Provisions) Order 1986, which was passed to address flooding without delay.
• How can delegate legislation fulfil international obligations, why is this an advantage?

  Delegated legislation can implement EU directives or international agreements efficiently, such as the Diseases of Poultry Order 1994, which introduced measures for controlling avian influenza in response to an EU directive. This is a pro because it ensures the UK meets its international commitments without needing lengthy parliamentary approval.
• Why is the motor cycles (protective helmets) regulations 1998 an example of DL saving parliamentary time?

  The regulations allowed the Secretary of State to specify helmet requirements under the Road Traffic Act 1988, avoiding unnecessary debates in Parliament. This saved time and ensured the law was updated efficiently.
• Why is the cableway installation regulations 2004 an example of technical expertise in DL?

  The regulations required detailed technical knowledge of cable cars and ski lifts, which was delegated to the Transport Minister. This ensured the law was informed by experts and effective.
• why is the diseases of poultry order 1994 an example of fulfilling international obligations?

  The order implemented an EU directive to control avian influenza, ensuring the UK complied with its international obligations quickly and effectively.
• Why is Dl partly undemocratic?

  Delegated legislation can take lawmaking away from elected representatives. This is a con because statutory instruments are often drafted by unelected civil servants and approved with minimal scrutiny by ministers. Similarly, Orders in Council are made by the unelected Privy Council, reducing accountability.
• why is the fact that there is limited scrutiny a con of DL?

  Not all statutory instruments are laid before Parliament for review, and judicial controls rely on someone challenging them. This is a con because it means ultra vires actions might go unnoticed, leading to ineffective or even unlawful regulations.
• How can delegated legislation lead to sub-delegation, why is this a con?

  Ministers often pass their delegated powers to civil servants, who were not directly given the authority by Parliament. This is a con because it dilutes accountability and allows unelected individuals to make key decisions.
• Why might the public be unaware of DLs, and why is this a con?

  Delegated legislation lacks the publicity of parliamentary debates. This is a con because much of the planning happens in private, and with over 3,000 statutory instruments passed annually, it becomes difficult for the public to stay informed or understand the changes.
• Why is limited scrutiny of the DLs problematic?

  Limited scrutiny can result in ultra vires acts going unchallenged or unnoticed, allowing public bodies to exceed their authority and undermining the rule of law.
• Why is the lack of publicity for DL a disadvantage?

  Without public debates or awareness, the public cannot effectively hold decision-makers accountable. The large volume of delegated legislation also makes it harder for the public to follow changes in the law.