Give reasons why delegated legislation is often criticized.

Answer Details

Reasons why delegated legislation is often criticised

Delegated (subsidiary) legislation is law made by persons or bodies to whom the legislature has transferred law-making power, for example ministers, local councils and public corporations. It is criticised for the following reasons:

1. It undermines the supremacy of the legislature. Law-making, which properly belongs to the elected parliament, is handed to unelected officials, weakening legislative authority.
2. It is undemocratic. Rules are made by civil servants and ministers who are not directly elected by, nor accountable to, the people.
3. Inadequate scrutiny. The volume and technical nature of the rules make it difficult for the legislature to examine and control them effectively.
4. Risk of abuse and dictatorship. Wide powers may be misused; officials may make oppressive rules, opening the door to arbitrary government.
5. It violates the separation of powers. The executive both makes and enforces these laws, blurring the line between law-making and law-executing functions.
6. Poor publicity. Many subsidiary rules are not widely published, so citizens may be bound by laws they never saw.
7. Technicality and complexity. The rules are often couched in complex, technical language that ordinary citizens cannot easily understand.
8. Sub-delegation. The delegate sometimes further transfers the power to yet another body, further removing the law from public control.