Saturday, July 25, 2009

Advantages & Disadvantages of delegated legislation ( regulation)

Advantages

1) Relieve the workload of parliament
- Since it is expensive, cumbersome and time consuming to operate parliamentary process, therefore, the delegated authorities which reside by experts are more appropriate to make law to meet the needs of the community.
- Parliaments are more concern on social issue and rule of law. Whereas the delegated authorities is more appropriate to make law to address the technical and administrative details

2) Technical expertise
- The parliament is not a forum which make laws on technical and administrative details.
- Delegated authorities with skills, experiences, and current knowledge are more able to make laws addressing the technical details.

3) De-centralised decision making
- The local councils are more suited to consult with their constituents to devise the laws to meet local needs
- Regulation made locally are more able to be respected and accepted by community.
- Parliament makes legislation to cover the broad principle whereas the local council makes regulation to address local details.

4) Emergencies
- Since a bill must passes through 3 readings in parliament, therefore it is hardly for the parliament to make legislation to deal with emergencies such as SARS.
- Therefore, it is more appopriate for delegated authorities to make regulation to deal with it.

5) Administrative convenience
- The matters of the government require constant review and updating, and the parliament is not an appropriate forum to do this as it is expensive, time consuming and cumbersome to operate.

6) Political purpose
- Without passing through 3 reading stages of parliament, a regulation can be made.
- Therefore it is used to evade the scutiny of parliament, which known as "back-door".

Disadvantages of Delegated legislation

1)Undemocratic making law
- Since the delegated authorities are not elected by the people, therefore they are not accountable to the regulation made by them.
- Hence, it abrogating the democratic responsibility of a government

2) Complexity of the law
- Some of the regulations are made were too complex and did not meet the need of the community as well as causing alot of unneccesarry problems to the businessmen.

3) Accessibility and a lack of community awareness
- Since the regulations made always according the changes of circumstances, therefore it is hardly for everyone to adapt to the changes of regulations
- And, people unwittingly, therefore, often break the law.


THE END..

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