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
Tort law and Employment law: Pat, a builder, is an employee of Tom's. One day on site the scaffolding that Pat is standing on collapses and he suffers personal injuries. The s

Take-over bids: Section 210 provides that where a scheme or contract  involving the transfer of shares or any class of shares in a company to another company has been approved

Continuing Guarantees – Negotiable Instrument A continuing guarantee is such type of a guarantee that extends to a series of transactions, so and such is not exhausted through

Rules for Partnership - Partnership Law Joint tenancy, as such tenancy in common then joint property or common property and may part ownership does not of itself produce a

QUESTION 1 (a) Explain the word "conditions" in a contract (b) Describe the various types of conditions that may exist in a contract QUESTION 2 Explain the term "war

Contents of Group Accounts: By s.152(1), the group accounts laid before a company shall give a true and fair view of the state of affairs and profit or loss of the company and

State in brief aboput the Monetary Effects Besides real income effects there will also be monetary effects if nations seek to intervene in foreign exchange markets which govern

Ostensible Authority - Authority of Partners A difference is something drawn among the genuine and ostensible authority about a partner. Whether it is actual or express author

Explain UNCTOC UNCTOC identified the concept of an organized crime. A crime is termed as an "Organized Crime" when people in different countries and/or of different national

Raising Of Capital: In commercial parlance, the word 'capital' is generally used to denote the amount by which the assets of a business exceed its liabilities. Conversely, in