Why Is Delegated Legislation Used? Pros and Cons

Delegated legislation is used because Parliament cannot deal with every detailed rule needed to put an Act into practice. Parliament passes an enabling Act giving another body, such as a government minister or local authority, power to make rules within limits set by that Act. This lets Parliament set the main policy while an authorised body fills in the detail.

Advantages

It saves parliamentary time. Parliament can decide the main principles while ministers work out detailed rules, often through statutory instruments. Those rules can also be updated more quickly than a new Act can be passed.

It allows specialist and local input. Detailed rules may need technical knowledge, while local authorities can make by-laws suited to their area. Delegated legislation can also provide a faster response when circumstances change or an urgent rule is needed.

For example, if an enabling Act authorises a council to regulate a park, the council might make a by-law setting park rules. The Act grants the power; the by-law uses it.

Disadvantages

The main concern is democratic accountability: the people making the rules are not necessarily directly elected to make national law. Parliament may have limited time to examine the large volume of delegated legislation, so a significant rule could receive little debate.

There is also a risk that a body will use its powers too widely. Delegated legislation must stay within the authority granted by the enabling Act. If it goes beyond those powers, a court may declare it ultra vires, meaning ‘beyond the powers’, through judicial review. In the park example, a rule outside the powers given by the Act could be challenged on that basis. Parliamentary scrutiny also exists, but the procedure and level of scrutiny vary.

Exam tip: Balance speed and expertise against weaker scrutiny. Do not say delegated legislation is made by Parliament itself: Parliament grants the power, while the authorised body makes the rules.