Give reasons why delegated legislation is often criticized.

GOVERNMENT
WAEC 1998

Give reasons why delegated legislation is often criticized.

Explanation

Reasons why delegated legislation is often criticized are:

(i) Lack of adequate publicity: Most of the bye-laws made may not be made known to the generality of the people, due to lack of publicity.

(ii) It violates parliamentary supremacy. This is because other bodies have the power to make laws outside the parliament. (iii) Delegated legislation also violates the principle of separation of powers.

(iv) Lack of effective Control: The control of these delegated bodies by the parliament may not be effective.

(v) Consultations may not take place before most of the bye-laws are enacted.

(vi) The Legislative functions of the parliament may be eroded. This is because delegated activities may make nonsense of the whole thing.

(vii) Undemocratic: Delegation of legislative powers to other bodies, other than the parliament, is seen as undemocratic.

(viii) Violation of the provisions of the constitution: Most of these delegated bodies may enact bye-laws which violate the provisions of the constitution, thereby negating the liberty and freedom of the citizens.



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