Delegated Legislation

Delegated Legislation

Merits of Delegated Legislation

1.Saves Time for the Parliament: There are lots of overwhelming activities that the government should be concerned about. In order to resolve the complexity and volume that the legislature needs to deal with, the power needs to be delegated to the executive branch

2. Enables Flexibility: Rigidity in administration has been created by statutes, but the administrative legislation can be more adaptable to varying circumstances.

3. Dealing with Emergencies: Clothing the administrative agencies with needed discretion should be better in dealing with possible contingencies. Such contingencies might result from the application of laws as the legislature has been unable to foresee or allocate for everyone.

4.Done in Consultation with Affected Interests: In order to make legislation effective, it is important to have prior consultation regarding interests that should be affected.

5. The Administrative Legislation Provides for Expert Legislation: The rules are being drafted by the experts familiar with actual conditions in appropriate departments.

6. Sets Up New Standards: The increase in the delegated legislation can likewise be attributed to the requirement of setting up new standards in social interest

National Assembly

Demerits of Delegated Legislation

1.Undemocratic Procedures: The legislation comes as a result of undemocratic processes and procedures.

2.Apparent Lack of Debate: The apparent lack of debate and publicity that should be associated with a form of secondary legislation has also been noticeable.

3. The problem of Sub-Delegation: The arousal of sub-delegation may come when the responsible body for the creation of legislation has not been able to deal with it directly. Thus, the creation of sub-delegation will give the job to other parties.

4. Dependence on Individuals Making Claims to Review Legislation: One more limitation about delegated legislation is that it renders the courts unable to review such legislation.

5.The Wording of Delegated Legislation: Another problem when it comes to delegated legislation is the wording that can be obscure and technical in nature that should make it hard to understand. This was the trait shared with the Acts of Parliament.