Why is delegated legislation necessary in modern governments?

Answer Details

Delegated legislation refers to the laws, rules, regulations, orders and bye-laws made by persons or bodies (such as ministers, local councils and public corporations) other than the legislature itself, under powers expressly granted to them by an Act of the legislature. It is necessary in modern governments for the following reasons:

1. Pressure of work on the legislature: The legislature is burdened with an enormous volume of business and has limited time. Delegating the making of detailed rules relieves it so that it can concentrate on major policy and principal legislation.
2. Need for technical and expert knowledge: Many subjects (such as public health, taxation, aviation and finance) are highly technical. Experts in the relevant ministries and agencies are better placed than lay legislators to work out the detailed rules.
3. Flexibility and ease of amendment: Delegated legislation can be made, amended or revoked quickly and easily without going through the long parliamentary process, allowing the law to be adjusted promptly to changing circumstances.
4. To deal with emergencies: In times of war, disaster or sudden crisis, quick action is needed. The legislature cannot always meet in time, so delegated powers enable the executive to make prompt rules to meet the situation.
5. To handle unforeseen situations and details: It is impossible for the legislature to foresee and provide for every detail and future contingency in the main Act, so it lays down the broad framework and leaves the details to be filled in by subsidiary legislation.
6. To meet local needs: Local authorities are allowed to make bye-laws suited to the peculiar needs and conditions of their own areas, which the central legislature cannot conveniently do.
7. It saves time and cost: Passing every minor rule through the full legislative process would be slow and expensive; delegation is more economical.