Does Delegated Legislation Represent a Threat to the Democratic Process

Topics: Law, United Kingdom, Democracy Pages: 2 (563 words) Published: August 10, 2002
Delegated legislation is the power delegated by Parliament to some person or body to make law. The Act of Parliament that enacts a valid piece of delegated legislation, and the latter itself, both have the same legal force and effect. Parliament retains general control over the procedure for enacting such law. There are various types of delegated legislation. Orders in Council, Statutory Instruments, Bye-laws, Court Rule Committees, Professional regulations. It is essential to focus on the facts that specific controls have been established to oversee an unjust or inapplicable delegated legislation. Apart from the parliamentary control of the Join Select Committee on Statutory Instruments, Courts can also challenge ultra vires provisions through judicial review. Due to the complex nature of the delegated legislation, there are contradicting opinions about its democratic –or not- characteristics. Some people argue that as long as there is some control over delegated legislation not only by Parliament by more importantly by judiciary, this kind of legislation doesn't seem to threaten the democratic process. In fact, given the pressure and waste of time on debating, it is more beneficial for the government to spend its precious time in a thorough consideration of the principles of the enabling Act, leaving the appropriate minister or body to establish the working details. The time saving and the fact that particular problems are faced swiftly from the minister or body overview provides greater flexibility in governmental and sociopolitical activity. In addition, it practically goes without saying that the majority of the members of Parliament simply do not have sufficient expertees to consider specialized provisions effectively. A good example supporting this allegation is the Bye-laws. As a result of the above, delegated legislation is a necessity because it can produce flexible, quick but still well-examined Acts, especially in situations of state...

Bibliography: 1. Principles of the English Legal System, Gary Slapper & David Kelly
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