Question

How does the following considered as penalties of science and technology?

Answer 1

Answer:

One ongoing tension in ex ante regulation is the respective roles of legislators and regulators. The legislature in most jurisdictions has plenary power, and typically delegates to regulatory agencies the authority to regulate, subject to the substantive and procedural requirements included in the legislation. Regulatory agencies generally have greater technical expertise, available resources, and familiarity to address most risks associated with science and technology, and in that respect are the superior institution to make most risk regulatory decisions.

The legislature may take the lead when distrust between the legislature and regulatory agencies, or an issue itself, becomes so politically controversial that the greater legitimacy and accountability of the legislature is required (Goldberg 1987). A major concern is that legislation is usually more refractory to revision and updating than regulation, and thus inflexible statutory risk requirements can quickly become obsolete in areas of rapid technological change. An example is the so-called Delaney clause (1958) in the United States, which banned all food additives found to cause cancer in animals or humans based on a 1950s-vintage all or nothing view of carcinogenicity that had been scientifically outdated for many years before the law was finally repealed in 1996 (Merrill 1988).

Ex ante regulation of risks associated with science and technology thus presents some unique issues and tensions in institutional choice. Given the pace of technological change and the complexity of the subject, legislatures are likely to be at a greater disadvantage compared to regulatory agencies in determining risks associated with science and technology. By contrast the fundamental social, policy, and ethical issues raised by many new scientific and technological advances call for the greater accountability and plenary power elected legislatures offer.

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