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.
List of Advantages 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. 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.
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. This is because drafting of rules might and oftentimes doesn’t allow a conference between vested interests and the government. This can be affected and would result in the agreement bound to voluntary compliance.
5. The Average Legislator
Since an average legislator is not so acquainted with the difficulties of the modern legislation, it is important to note that this legislator passes the bill in basic form and leaves details to be accomplished by the executive branch.
6. Influence of Science and Technology
The impact of science and technology has resulted to the multiplication of functions of the modern state. Thus, the power of the legislature has been enhanced considerably. As it is not capable of coping with powers on the rise, the delegation of power in lawmaking has been passed to the executive.
7. 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. Thus, expert minds are needed to make sure that the national minimum regarding health education, housing, and sanitation has been due to everybody.
8. The Administrative Legislation Provides for Expert Legislation
The rules are being drafted by the experts familiar with actual conditions in appropriate departments. With this practice, they are able to work better compared to the lay members comprising the legislature.
List of Disadvantages of Delegated Legislation
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.
4. 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.
5. 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. Thus, it will become dependent to those who made the claim and brought the matter to the courts’ attention. Since the courts don’t have any general authority to keep such legislation to be reviewed, it poses a problem. This is because the process should be time-consuming and costly. More so, reviewing the matter can only be conducted if the individual claims do have the necessary funding. As a result, the effectiveness of the judicial review to remedy this condition should be severely limited.
6. Influence of the High Courts
In comparison to the primary legislation, the term delegated legislation can be influenced by the High Court. Hence, they can quash the said legislation as it has been made by people who aren’t directly elected. Thus, it could limit the control of their power. Nevertheless, it can be dependent on the people making those claims as they bring matters in consideration of the courts.
The time of the Parliament has been limited and the government will have a legislative program that should keep the Parliament busy. Thus, the Parliament will have no time to scrutinize the debate complex and regulations and technical rules. Perhaps the advantages and disadvantages presented here can provide a clear understanding regarding the significance or insignificance of delegated legislation. It may or may not be a significant factor for some, but it should be a concern for everyone.
Natalie Regoli is a child of God, devoted wife, and mother of two boys. She has a Master's Degree in Law from The University of Texas. Natalie has been published in several national journals and has been practicing law for 18 years.