Definition of the term “delegated legislation” and its advantages and disadvantages.

  • This is indirect, subordinate or subsidiary legislation.
  • It is law made parliament indirectly.
  • These are by-laws, rules, orders, regulations statutes or proclamations made subordinate competent bodies for example local authorities, professional bodies, statutory boards, government ministers etc in exercise of delegated legislative authority or power conferred upon them through an enabling or Parent Act.

Advantages:

  • Compensation of parliamentary lost time: law making time not made use of parliament is made use of the delegates.
  • Speed: it is a faster method of law making. It is therefore responsive to urgent needs.
  • Flexibility: the law making process is not tied to rigid provisions of the constitution.
  • Technicality of subject matter: technical subject matter is dealt with experts in the field.

Disadvantages:

  • Less democratic: it is not as democratic as statute made law.
  • Difficult to control: neither parliament nor courts of law can control it effectively.
  • Inadequate publicity: the rules are not widely published.
  • Sub-delegation and abuse of power: complicates the problem of control.
  • Detail and technical: some of the rules are too detailed or technical to be understand.
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