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Advantages of delegated legislation:
1. Compensation of last parliamentary time: Since members of parliament are not always in the National Assembly making Laws, the Law-making time lost is made good by the delegates to whom legislative power has been given hence no Lawmaking time is lost.
2. Speed: Law-making by government Ministers, Professional bodies and other organs is faster and therefore responsible to urgent needs.
3. Flexibility: The procedure of Law-making by delegates e.g. Government Ministers isnot tied to rigid provisions of the Constitution or other law. The Minister enjoys the requisite flexibility in the Law-making process. He is free to consult other persons.
4. Technicality of subject matter: Since parliament is not composed of experts in all fields that demand legislation, it is desirable if not inevitable to delegate Law-making powers to experts in the respective fields e.g. Government Ministries and local authorities.
Disadvantages of delegated legislation:
1. Less Democratic: Compared to statute law, delegated legislation is less democratic in that it is not always made by representatives of the people affected by the law. E.g. rules
drafted by technical staff in a government ministry.
2. Difficult to control: In the words of Professor William Wade in his book “Administrative Law” the greatest challenges posited by delegated legislation is not that it exists but that it’s enormous growth has made it impossible for parliament to watch over it. Neither parliament nor courts of law can effectively control delegated legislation by reason of their inherent and operational weakness.
3. Inadequate publicity: Compared to statute law, delegated legislation attracts minimal
publicity if any. This law is to a large extent unknown.
4. Sub-delegation and abuse of power: Delegates upon whom law making has been delegated by parliament often sub-delegate to other persons who make the law. Sub- delegation compounds the problem of control and many lead to abuse of power.
5. Detailed and technical: It is contended that in certain circumstances, delegated legislation
made by experts is too technical and detailed for the ordinary person.
NatalieR answered the question on May 10, 2022 at 11:17
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