Advantages and Disadvantages of Delegated Legislation

All advantages and disadvantages you need to know for delegated legislation for the LAW01 exam.

  • Created by: GeorgeB16
  • Created on: 27-04-16 21:21

Advantages and Disadvantages of Delegated Legislation


  • All types of delegated legislation save Parliamentary time and money. 3000 statutory instruments are made per year and Parliament simply doesn't have the time to create these numbers of statutes.
  • It allows Parliament to concentrate on broader issues of policy rather than masses or great detail which lets them address issues which affect the whole country more often.
  • Parliament doesn't have the technical knowledge or expertise in certain areas. Delegated legislation allows the use of experts in relevant areas to make more detailed laws and usually consult a wider body of expert opinion. Statutory instruments are more suitable for specific areas, for example, the minister for transport can create road traffic laws.
  • Local people understand local needs. Parliament won't have the knowledge to create local parking restrictions and other laws where only local people know where they must be enforced.
  • It allows for rapid action in times of emergency. Under the Emergency Powers Act 1920, the Queen and Privy Council can create orders in council.
  • Delegated legislation is quick and can be easily removed if necessary if causing problems. Acts of Parliament would need another Act to be created to either amend or revoke it.


  • Undemocratic as it is made by unelected people rather than MP's in Parliament. This isn't a problem in the case of bylaws however as local councils are elected by locals.
  • Much of the legislation is made by civil servants who simply have it rubber stamped by the relevant government minister which further removes the decision making process by elected people, and these people may not even have in depth knowledge.
  • There are around 3000 statutory instruments made every year which makes it hard to keep a track on all legislation as it takes up a lot of time which defeats the point.
  • There is little publicity compared with Acts of Parliament which may mean people are unaware a ruling exists.
  • Control by Parliament isn't always effective. Few affirmative resolutions exist and MP's are too busy to look over them, and controls are often not used anyway.
  • There is a lack of scrutiny. Delegated legislation could be used by the government to make significant changes to the law without  submitting them to the scrutiny of Parliament.


If a question asks for the advantages and disadvantages of delegated legislation, just state the advantages and disadvantages. You don't need an evaluation, conclusion or your own opinion. Answer only what the question asks.


Liam Bootes


Reminds me of a goldfish, simple yet effective, stll useless.