JCC Legal Society 2014

Comparing delegated legislation to parliamentary law making

We know that there are different types of law making which are used for different purposes. But how are primary and secondary legislation similar in certain aspects? How are they different?

Speed

Delegated legislation can be made very quickly and taken away very quickly, whereas Parliamentary laws have to go through the whole process in both houses and gain royal assent before they come into force.

Flexibility

Delegated legislation can be taken away with immediate effect, where as it required another act of Parliament to get rid of an act. Delegated legislation can also be declared void by judges at Judicial review if it was ‘ultra vires’, meaning beyond the powers or was unreasonable, whereas the courts cannot question a parliamentary law.

Knowledge

Parliament makes laws on a very wide range of issues and, understandably, MP’s and Peers will not know in depth knowledge about every issue which comes before it. Local Councils will have very good local knowledge when it comes to making Bylaws in their area. Equally, individual ministers will have an in depth knowledge when it comes to making statutory instruments in their field of expertise.

Democracy

The House of Commons is the most powerful part of Parliament because the members are elected by the public. Most bills are started here and that means the Parliamentary law making process is democratic. Delegated legislation on the other hand is often made by people who are not elected, for example bylaws made by public corporations. Also, there is often the issue that ministers making statutory instruments sub-delegate their responsibility to civil servants, who also are not elected.

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