Merits and Demerits of Delegated Legislation Merits
Merits of Delegated Legislation:
(i) Delegated Legislation saves time for the The legislative branch of government is responsible for making laws within a country. Legislatures are made up of people called legislators who, in democracies, are elected by the country’s population More as less important issues are non-legislative bodies.
(ii) It allows immediate action during emergencies, contingencies or unforeseen circumstances e.g natural disasters, terrorism, strikes etc.
(iii) It allows for expertise and technicality in law making as areas that are highly technical and scientific are left in the hands of experts.
(iv) It promotes speedy legislation as other non-legislative bodies join forces with the legislature to make laws.
(v) Delegated legislation also allows flexibility in lawmaking. Delegated legislation can easily be amended or even proscribed.
(vi) It makes it possible for laws to be experimented upon. The new law can be introduced, if they are not functional, they can be discarded.
(vii) It reduces the workload on the legislature. The legislature can concentrate on major issues and allow non-legislative bodies to concentrate on other items.
Demerits of Delegated Legislation:
(i) Delegated legislation is undemocratic as it allows those that are not part of the legislature to make such legislation.
(ii) It can lead to dictatorship, especially during emergency situations.
(iv) It negates the principle of separation of power as the non-legislative bodies that also make law can be the legislature or The executive, also referred to as the executive branch or executive power, is the term commonly used to describe that part of government which enforces the law and has overall responsibility... More.
(v) It may limit the liberty of citizens in the state and be used to punish political opponents.
(vi) It violates the principles of rule of law as non-legislative bodies, not empowered by the A constitution is a set of fundamental rules that determine how a country or state is run. More make laws.
(vii) The The judicial branch of government refers to a country’s court system. Judiciaries are responsible for interpreting and applying a country’s laws in particular cases, and can also be invested with the... More and legislature may not effectively check delegated legislation.
(viii) Delegated legislation may lack adequate consultation with the people.
(ix) It may also lack publicity. Many people may not be aware of its existence.
(x) There may be a possibility of backdating laws or retrospective laws.