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What is delegated legislation?
Also, what are the advantages and disadvantages to this kind of system?

2006-10-31 01:00:15 · 3 answers · asked by tward1989 2 in Politics & Government Law & Ethics

3 answers

Delegated legislation is power to make law that has been passed down to an inferior body. Ie Parliament passes law making powers down to 1. The local councils who pass bye laws. 2. Privy Council who pass orders in council and 3. Ministers of the Crown who pass Statutory instruments.

Advantages

1. They are quicker and easier to pass.
2. The fact that parliament isnt have to pass unimportant laws saves parliamentary time and money.
3. Experts in a field can pass laws eg Building Regulations, bye laws have the local knowledge of the council.
4. If there is an emergency and parliament isnt sitting, the privy council can pass emergency legislation.
5. They are easy to reppeal. Courts can say that secondary legislation (aka delegated legislation) is illegal, or whatever and can reppeal it whereas they cant for Acts of Parliament (primary legislation)

Disadvantages

1. There is so much of it. There is roughly 4/5 THOUSAND pieces of secondary legislation passed each year.
2. Because of the volume, it is impossible for parliament to control it all. Hence (theoretically) eroding Parliaments Sovereignty.
3. It doesnt get the same publicity as primary legislation, therefore you could be breaking it without realising.
4. Sub delegation. The delegatee may delegate the power further down the civil service so we end up with somebody way down the civil service hierachy legislating which is clearly not what parliament intended.

2006-10-31 06:19:19 · answer #1 · answered by Master Mevans 4 · 1 0

Doing your homework?

Delegated legislation is exactly what it says. E.g. the health and safety act allows rules and penalties to be delegated to the health and safety executive. Government delegates authority to the local councils. The treasury has delegated authority to the financial services regulator.
The advantages are that new law does not have to be created every time the enabling legislation is changed and there is a better administration. Disadvantages are numerous and sometimes do not have the final outcome that the legislators intended.
In a hurry. Sorry its so scrappy. xxB

2006-10-31 01:12:01 · answer #2 · answered by Anonymous · 1 0

wikipedia should help although i can't guarentee if it's acurate. good luck honey!!! ;o)

2006-10-31 03:41:32 · answer #3 · answered by Anonymous · 1 1

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