What is subordinate/deligated legislature ? Discuss its advantages and disadvantages.
Answers
The term delegated legislation is referred to the legislation created by the government agencies including the Governor-General with authority from the Acts of Parliaments. This will delegate the power to the agencies for practical reasons. Such reasons involve saving parliamentary time or dealing with changing conditions as they occur. In order to get an idea about this term, here are lists of advantages and disadvantages that can be used to ponder upon its impact to the society.
Explanation:
ADVANTAGES
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. This is because of the lack of time or the capacity thereof in making laws for regulation. Hence, the creation of delegated legislation should be essential to avoid bogging down into the burden of details.
2. Enables Flexibility
Rigidity in administration has been created by statutes, but the administrative legislation can be more adaptable to varying circumstances. Thus, it will be useful in the branches of administration liable for occasional changes and where the technical developments are happening on a day-to-day basis.
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.
DISADVANTAGES
1. Undemocratic Procedures
Legislation comes as a result to undemocratic processes and procedures. In terms of by-laws, it is arguable that those are democratic considering they are created by elected bodies. Thus, they can only make by-laws in so far as they have been given authority to do so based on an enabling Act of the local government.
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. The enabling Act should have been subject for some public debate as well as consultation delegated by the legislation with its very nature to be a lot wordy and more complex meaning which will not be that easy to be understood or be accessible by the people.
3. 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. As a result, this will cause problems as the other parties should not be accountable at the same way as those who created the legislation.
Answer:
Advantages
1. Saves Time for the Parliament
2. Enables Flexibility
3. Dealing with Emergencies
4. Done in Consultation with Affected Interests
5. The Average Legislator
6. Influence of Science and Technology
7. Sets Up New Standards
8. The Administrative Legislation Provides for Expert Legislation
Disadvantages
1. Undemocratic Procedures
2. Apparent Lack of Debate
3. Problem of Sub-Delegation
4. The Wording of Delegated Legislation
5. Dependence on Individuals Making Claims to Review Legislation
6. Influence of the High Courts