Below is a summary of the advantages and disadvantages of delegated legislation. The major advantages of delegated legislation are:
- It reduces the workload on parliament.
- Delegated legislation makes quick decision-making possible.
- It benefits from the expertise of civil servants and other technocrats.
- In emergency situations, delegated legislation comes in handy.
- It allows the government to experiment.
On the other hand, the disadvantages of delegated legislation are that it undermines the sovereignty of parliament, violates the principle of separation of powers, does not conform to the tenets of democracy and may create room for abuse of power by unelected officials.
The purpose of this tutorial is to explain the advantages and disadvantages of delegated legislation. We want to know the reasons for the practice of delegated legislation and also find out the major criticisms against it.
So if you want to identify the pros and cons of delegated legislation, then you have come to the right place.
High School Government Questions on Delegated Legislation
Are you a high school Government student or tutor? Have a look at this WAEC/WASSCE Government past question. We shall use it as our reference point for the tutorial.
A) WHAT IS DELEGATED LEGISLATION?
B) GIVE FOUR REASONS FOR THE PRACTICE OF DELEGATED LEGISLATION
C) GIVE TWO DISADVANTAGES OF DELEGATED LEGISLATION.
Now if you are currently preparing yourself or your students to sit for the WAEC/WASSCE Government paper for either school candidates (May/June WASSCE) or private candidates (Nov/Dec WASSCE) then I will urge you to keep reading.
There is a great deal for you to learn about delegated legislation and its importance in this senior high school Government tutorial.
And don’t forget. Just as there are merits of delegated legislation, it also has several demerits. So, definitely, this post will discuss both the merits and demerits of delegated legislation as well.
Without further ado, let’s begin our discussion of the positive and negative aspects of delegated legislation.
Our first task is to define delegated legislation. We shall, therefore, begin with a brief definition of delegated legislation.
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What is Delegated Legislation?
Here comes a brief definition of delegated legislation.
Delegated legislation is laws that are made by non-parliamentary bodies but with express permission from parliament.
Put differently, delegated legislation refers to the transfer of some aspects of the law-making function of the legislature to other agencies other than parliament.
The purpose is to allow such government functionaries or agencies to effectively legislate on certain issues that are closely related to their areas of operation.
The authority to make these rules and regulations is specifically conferred by parliament on these unelected officials. For that matter, delegated legislation is as enforceable as laws made in the legislature.
Examples of Delegated Legislation
So what are the examples or types of delegated legislation?
Examples of delegated legislation are bye-laws made by local governments (district assemblies in Ghana), orders in council, and statutory instruments.
Statutory instruments are regulations issued by ministers concerning their specific ministries.
With the definition of delegated legislation now out of the way, let’s zero in on its advantages and disadvantages.
Advantages of Delegated Legislation
The pros of delegated legislation make it a necessary part of the government machinery. Delegated legislation is so important that without it, the modern state may not be able to function effectively.
It is for this reason that there is some form of delegated legislation in all countries including Nigeria, Ghana, Kenya, Botswana, South Africa, India, Pakistan, Sierra Leone, Liberia and the Gambia.
You can now have the advantages of delegated legislation.
1. It reduces the workload on parliament.
One of the benefits of delegated legislation is that it takes away part of the multiple responsibilities of the legislature.
The agencies to which legislative authority is delegated can legislate on matters of detail relating to their areas of work and within the limits set for them. The practice makes it possible for parliament to work effectively by allowing ministries and departments to assist with law-making.
The obvious benefit is that delegated legislation increases the level of efficiency in the work of parliament.
2. Parliament benefits from the expertise of civil servants.
The second advantage of delegated legislation is that it allows the legislature to tap into the expert knowledge and skills of civil servants.
The art of government has become quite scientific and technical. Not all MPs will have the requisite knowledge on all matters that come before them.
Delegated legislation thus allows specialized agencies to utilize the expertise of highly qualified and experienced technocrats to formulate rules that apply to their areas of authority and competence.
3. Delegated legislation enhances flexibility in government.
For example, during the normal process of law-making, parliament is not always able to foresee certain contingencies that are likely to crop up later. So these may not be adequately covered in the parent act.
Delegated legislation gives room for a quick response to social, political and economic changes that may occur in the future. In other words, bye-laws are easily made to suit new situations as and when they arise.
4. It promotes quick decision-making and saves time.
Delegated legislation ensures that government is able to respond quickly whenever there is an emergency. During a state of emergency, for example, certain actions have to be taken quickly. These actions are usually in excess of the normal powers of government.
This is where delegated legislation becomes useful. In such cases, the rules of delegated legislation may allow constitutional requirements to be set aside. This will then enable the concerned ministries and departments to act quickly in the best interest of the state.
5. Delegated legislation makes experimentation possible.
Finally, the practice allows for experimentation. Whenever a pilot project is carried out successfully in one district, another locality may adopt it by using the same blueprint.
On the other hand, if ever a new policy being implemented in a limited number of local government areas fails to live up to expectations, it can be abandoned at a minimal cost. This is because the cost incurred would be lower than if it had been implemented on a national scale from the beginning.
6. It promotes popular participation in government.
Local governments and government ministries engage in wide-ranging consultations during the process of delegated legislation. Traditional rulers, interest groups and civil society organizations are some of the stakeholders that are given the opportunity to make their input during the making of rules and regulations that affect them.
The practice, therefore, enhances participatory democracy.
The above are the known positive aspects of delegated legislation worldwide.
We are through with the merits of delegated legislation. Let’s quickly turn our attention to the disadvantages of delegated legislation.
Disadvantages of Delegated Legislation
This second part of our discussion is about the negative aspects of delegated authority. Critics of delegated legislation believe that it has too many flaws that, if not dealt with, can cause more problems than it is meant to solve.
Let’s look at the major criticisms against delegated legislation.
It is argued that with delegated legislation, parliament loses its constitutional power as the sole law-making organ of government. There is always the possibility that parliament might lose its significance in the face of a steady erosion in its legislative authority. This can seriously undermine the concept of the supremacy of parliament.
2. Delegated legislation violates the concept of separation of powers.
Secondly, the fact that actors in the executive branch of government are able to make laws means that the executive is allowed to take on too much power. The practice, therefore, dilutes the practice of separation of powers and all its benefits.
3. It is undemocratic.
Delegated legislation is undemocratic because individuals and institutions that perform the law-making function under delegated legislation are not duly elected representatives of the people. Clearly, the popular notion of no taxation without representation is compromised under delegated legislation.
4. It is not compatible with the rule of law.
Yet another major disadvantage of delegated legislation is that it flies in the face of the fundamental principles of the rule of law. These are legality, impartiality and liberty. See below examples of the ways in which delegated legislation tends to undermine the rule of law.
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- Ministers may set up administrative tribunals to try offenders. These tribunals are not part of the ordinary courts. For that matter, they violate the principle of legality, a key principle of the rule of law.
- Actions of the executive tend to favour their political allies. People who hold contrary views are often not treated fairly. This is in clear violation of the principle of impartiality or equality before the law.
- During emergencies, the constitutional provisions that guarantee the rights and freedoms of the ordinary citizen are sidestepped in the interest of the common good. Thus, delegated legislation threatens the principle of liberty or human rights.
5. It is not controlled effectively enough.
The effective control of delegated legislation is the only way to minimize its negative effects on democratic governance. Unfortunately, however, it is almost impossible to sufficiently control delegated legislation. Thus, this becomes one of the disadvantages of delegated legislation.
6. Delegated legislation is prone to abuse.
Both power-thirsty and power-drunk officials are known to grab undue powers and exercise them as they wish – all in the name of delegated legislation. This is how delegated legislation has opened the doors to such negative practices as political victimization, nepotism and outright corruption.
7. It can lead to dictatorship.
There is always the danger that government officials who have tasted some power via delegated legislation may gradually assume too many discretionary powers.
Again, in the likely event of an emergency, the executive may quickly transform itself into an authoritarian regime. The possibility of a complete suspension of the constitution and the dissolution of parliament is real.
According to some critics, delegated legislation has the potential to plunge the state into a dictatorship.
Conclusion
The above constitute the advantages and disadvantages of delegated legislation. As we have seen, the pros of delegated legislation, unlike its cons, make it desirable in the modern state with all its complexities. Nonetheless, steps need to be taken at all times to control delegated legislation so as to minimize its obvious pitfalls.
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THIS WAS SO BENEFICIAL TO ME BECAUSE IT HELPED ME COMPLETE MY ASSIGNMENT AND CLARIFY A LOT OF QUESTIONS THAT WERE IN MY MIND. IT USES SIMPLE ENGLISH THAT IS STRAIGHT FORWARD AND EASY TO UNDERSTAND AS COMPARED TO OTHER AUTHORS WRITINGS.