Posted by Chester Morton / Monday, 21 November 2016 / No comments
The disadvantages of Delegated Legislation
Definition of Delegated Legislation
Delegated Legislation simply refers to rules, laws, and
orders issues by bodies other than the Legislature of a state. Law making is
the main duty of a Legislature, however, there are times when because of time,
expertise or for any other reason, the Legislature defers its power to make
laws to other bodies. The laws that are made by these other bodies are referred
to as Delegated Legislation.
DISADVANTAGES
It is undemocratic
Democratic ethics allows that those who rule must be freely
elected by those who are ruled. In addition, those who make laws for others
must be elected by the people. However, the practice of delegated legislation
allows for people who are not popularly elected to make laws and enforce same.
This is undemocratic.
Violates the concept of Supremacy of Parliament
This concept postulates that in the arena of law making, the
Parliament has no rivals. It so happens that the power of delegation allows
bodies other than parliament to make laws and people are compelled to abide by
those laws. This is a violation of the Supremacy of Parliament.
Violates the concept of Separation of Powers
The concept states that in the operation of government, the
three organs of government, legislature, executive and the judiciary must
independent in membership, powers and functions. In the exercise of delegated legislation,
this concept is ignored, as an official becomes the legislator, the executive
and the judiciary in one breath.
May be difficult to control
The number of bodies issuing delegated legislation is so numerous
that at one point there are bound to be too many of them. Parliament may not
have to time to monitor how the bye-laws impact the people on the ground. This
being so, Parliament may have a tough time controlling them.
Open to abuse
Some officials have the tendency to take advantage of the
discretion granted in the enabling act to violate the rights and liberties of
the citizens.
Violates the concept of Rule of Law
One of the cardinal elements of Rule of Law is that the law
must be certain at all times. In other words the citizen must know, at all
times, exactly what the law is. However, the practice of Delegated Legislation
allows for so many laws to exist in the form of bye-laws, so in the event that
not much publicity is given to such bye-laws, it is difficult for a citizen to
know exactly what the law is at all times.
SAMPLE QUESTIONS
1. a. Highlight six disadvantages of delegated legislation.
[12 marks]
2. a. What is
delegated legislation? [2 marks]
b. Highlight five
disadvantages of delegated legislation. [10 marks]
