evaluation of delegated legislation

• 1.advantage

  
  

  saves parliamentary time - the legislative process is lengthy

  
  

  consisting on 7 stages and parliament does not have the time to consider + debate every small detail of complex regulations
• 1.disadvantage

  
  

  can take law making away from the democratically elected people and allows non - elected people - large companies to make it

  
  

  control exercised by parliament is limited and isn't always effective

  affirmative resolutions exist - MP's are too busy to look over them - controls are not used that often
• 2.advantage

  
  

  delegated legislation is far quicker to introduce than an act of parliament - when emergencies or unforeseen problems require laws to be changed

  
  

  food protection order - laid before parliament within 2 hours of notification of the nuclear disaster - Chernobyl - protect movement of sheep - might have been contaminated by the fallout

  
  

  restrictions of international travel due to covid - lockdowns imposed on specific area in which infection rates were high
• 2.disadvantage

  
  

  lead to the problem of there being a vast amount of delegated legislation - difficult to know what the current law is

  made worse by the lack of publicity of delegated law

  
  

  stark contrast to the acts of parliament - made by public debate + often highly publicised

  
  

  highlighted when dealing with covid - 19 pandemic - several SI's

  debate - short notice, imposing new rules in addition to existing rules - left the public confused
• 3.advanatage

  
  

  made by specialists that have technical or local knowledge- it is impossible that members of parliament - have all the knowledge needed to draw up such laws

  
  

  argued it is better for parliament to debate on the main principles thoroughly + leave the detail to be filled in by those who have expert knowledge of it
• 3.disadvantage

  
  

  problem with statutory instruments - sub delegation

  law making powers is handed down another level

  
  

  government ministers have had power delegated to them to make SI's - may further delegate authority to civil servants and then merely 'rubber stamp' the end result
• 4.advantage

  
  

  can be easily amended - delegated legislation can be kept up to date

  
  

  ministers can respond to new or unforeseen situations by amending or updating existing regulations

  
  

  government ministers - issued several statutory instruments to issue orders on the closing of shops and licensed premises - wearing of face masks and restrictions of travel during covid - 19
• 4.disadvantage

  
  

  keeping up with amendments can become confusing and difficult to keep up to date

  
  

  SI's passed during the pandemic were revised several times as the rules changed alongside the changing nature of the virus + what we knew about it