Disadvantages of subsidiary legislation, Business Law and Ethics

DISADVANTAGES:

Whether delegated or subsidiary legislation has been criticised just to a variety of reasons, the main ones being that it is:as;

(a)   Less democratic

Whether the real or vital makers of subsidiary legislation are the technical officers in the various government ministries.  So however these officers have not been elected through the people affected through the laws they make and cannot hence be made accountable to any undesirable law they make.  Just for that extent there delegated legislation lacks the democratic spirit that mostly inspires, and manifests itself in parliamentary legislation.  Moreover the people of England can always refuse to re-elect parliamentarians that who enacted a law which they feel should not have been enacted although they cannot dismiss the civil servants.  Hence Lord Hewart has calling this situation as "the new despotism".

(b)   Difficult to Control

Further parliament is theoretically imaginary to control subsidiary legislation this is not so in practice.  So next are the various rules or regulations made through government ministries are so numerous that Parliament cannot check where their makers conformed to its intentions or objectives.  Moreover the question that mostly comes to the mind is that, whether Parliament is too busy to make the law since how can it have the time to scrutinize it?;

 

  • Inadequate publicity
  • Sub-delegation and abuse
  • Detail and complexity

 

Posted Date: 1/16/2013 3:04:53 AM | Location : United States







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