Exam Focus: Delegated egislation, Reasons, Arguments

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Exam Focus: Delegated egislation, Reasons, Arguments
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Exam focus – Keypoint on delegated legislation, Reasons, Arguments and how to check the dangers inherent in delegated legislation.

 

Delegated legislation: This refers to laws, rules and regulations made by other bodies or persons other than the legislature but sanctioned by the legislature.

Reasons for delegated legislation

  1. It is used to reduce the work load of the legislature.
  2. It is also used to facilitate the law making process.
  3. It is because of the technical nature of some legislations.
  4. As a result of complicated nature and the growth of the government activities.
  5. Delegated legislation is used in order to avoid rigidity.
  6. It is properly used in emergency period because of its flexibility.
  7. In order to bring government nearer and power to the people.
  8. It is used to make adjustment to meet unforeseen and contingent matters in a country.

Types of delegated legislation

  1. Orders – In – Council: These are powers delegated to the British king or Queen to issue orders on certain matters which have the force of law.
  2. Bye Laws: Theses are rules and regulations made by local government authorities or local councils, public corporation and other similar bodies for the smooth running of their responsibilities.
  3. Provision Orders: These are orders conferring powers upon individuals authorities or bodies made by a minister as authorized by parliamentary acts.
  4. Statutory Instrument: They are orders or rules issued by ministers or commissioners under the authority conferred on them by acts of parliament.
  5. Special Procedures Orders: They are orders also known as statutory order and they are similar to provisional orders.

Arguments for delegated legislation

  1. Time saving
  2. Conforms to local needs
  3. Easy to understand
  4. It saves cost
  5. It gives room for flexibility
  6. Suitable for emergency periods
  7. Use of experts
  8. Allows for experimentation
  9. Lessen the pressure on parliament
  10. It help to bring government nearer to the people.

Arguments against delegated legislation

  1. It is prone to abuse
  2. It is undemocratic
  3. Makes judicial review difficult
  4. It encourages dictatorship
  5. Lack of adequate publicity
  6. Red tape
  7. Insufficient consultations
  8. Lack of effective control
  9. It reduces the supremacy of the parliament
  10. It is against separation of powers
  11. It is a violation of the rule of law
  12. It amount to usurpation of powers
  13. Violation of fundamental human right
  14. Concentration of too much powers in the executive.

Control of delegated legislation or how to check the dangers inherent in delegated legislation

  1. Parliamentary control
  2. Ministerial control
  3. Ministerial accountability
  4. Public enquiry
  5. Press criticism
  6. Committee on statutory instrument
  7. Judicial or legal or court control
  8. Financial control
  9. Public outcry or public opinion

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