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







Related Discussions:- Disadvantages of subsidiary legislation, Assignment Help, Ask Question on Disadvantages of subsidiary legislation, Get Answer, Expert's Help, Disadvantages of subsidiary legislation Discussions

Write discussion on Disadvantages of subsidiary legislation
Your posts are moderated
Related Questions
QUESTION 1 Evaluate the circumstances under which an employer would be justified in terminating his worker's contract of employment under the Employment Rights Act QUESTION

Termination of agency - Agency Law However an agency relationship may come to an end through: like; Mutual agreement, or consent Withdrawal of consent Performance,

Public Law: Whether it contain of those fields or branches of law  where such the state has an interest as the sovereign egg criminal law, administrative law, constitutional l

Group Accounts: Section 150 requires a company which has subsidiaries to lay before the company in general meeting accounts or  statements dealing with the state of affairs an

Describe in detail about the European Monetary Union The experimental lab for international policy coordination has been the European Union where monetary unification of member

Rights of co-guarantors among themselves A guarantor who that has paid more than his share below the guarantee is entitled such to contribution from his co-guarantors, although

Discuss about the three streams There come times, however, when these three streams are joined. An event in the political stream, such as a change in administration, calls for

Members voluntary winding up: In a members' voluntary winding up the creditors play no part since the assumption is that their debts will be paid in full.  There is no committ

Question 1: (a) Who is a director of a company and describe how he may be appointed. (b) What are the duties owed by directors under the Companies Act 2001? Question 2

STATUTE LAW: There this is an Act of Parliament.  Whether this is law made through parliament directly in exercise of legislative power conferred upon it through the constitut