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12 Cards in this Set
- Front
- Back
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What are the 5 advantages of delegated legislation? |
- lack of parliamentary time - technical expertise can be used - Local authorities understand better - easier to amend so it's better to use when law needs updating -consultation |
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expand on the following: Allows laws to be made quickly in emergencies - |
E.g the Food protection (emergency provision) order 1986 was laid before parliament in less than 2 hours. |
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expand on the following: Technical expertise can be used - |
Parliament may not have the knowledge and the necessities required for the law they wish to carry out. E.g the Health and Safety Act needs different industrial expertise |
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expand on the following: Local authorities understand local needs and allows consultations - |
It is likely local authorities are more appropriate for the area, as they understand the local issues better than parliament.
Ministers can have the benefit of further consultation before regulations are drawn up. Consultations help to make laws technically accurate. This is seen under the code of practice set out under the police and criminal evidence act 1984. |
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expand on the following: Easier to amend - |
It is impossible for Parliament to foresee all problems so to rectify, laws are amendable for necessary reasons. |
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expand on the following: lack of parliamentary time - |
Saving Parliamentary time allows parliament to make more important decisions. E.g - the Local Government Pension Scheme Regulations 1995 are 185 pages. |
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What are the 5 disadvantages of delegated legislations? |
- Sub-delegated - Volume -Lack of publicity -Lack of scrutiny - Undemocratic |
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expand on the following: sub delegation - |
This creates another level of lawmaking and removes the decisions still further from elected people. |
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expand on the following: volume - |
People are unaware and often complain of the detail as it is too complex |
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expand on the following: lack of publicity - |
Most are made in Private and are difficult to find especially Bylaws which aren't always found in public libraries. |
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expand on the following: lack of scrutiny - |
Significant changes are made to the law |
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expand on the following: Undemocratic - |
Takes law making away from the elected house of commons and Parliaments control is fairly limited. |
