Disadvantages of subsidiary legislation, Business Law and Ethics

Assignment Help:

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

 


Related Discussions:- Disadvantages of subsidiary legislation

Liability of guarantor, Liability of Guarantor Therefore a guarantor's...

Liability of Guarantor Therefore a guarantor's liability which does not arise until whether the principal debtor has made default, because notice of the default utilized not b

Explain the term chain of custody, QUESTION Chain of custody in eviden...

QUESTION Chain of custody in evidence collection is a very important document when it comes to presenting a computer forensic case in the court of law i. Explain the term c

Characteristics of unincorporated associations, Characteristics of Unincorp...

Characteristics of Unincorporated Associations However these are associations of persons that who associate to promote a common and lawful purpose.  Thus now they have no lega

Estoppel - law of agency and partnership, Estoppel - Law of Agency and Part...

Estoppel - Law of Agency and Partnership Further the basis of estoppel was explained through the court like Spiro v. Lintern  in giving such; "Where a man is below a duty -

Reaction of other countries - policy coordination, Reaction of Other Countr...

Reaction of Other Countries - Policy coordination  A final problem associated with the policy coordination is that countries not involved in the policy agreement may react in s

Variation of class rights of the preference shareholders, Variation of clas...

Variation of class rights of the preference shareholders: This was not a variation of class rights of the preference shareholders.  The company could resolve to go keen on liq

Effectiveness of challenge and appeal mechanisms, Question 1: Taking th...

Question 1: Taking the case of Mauritius, in the machinery of government, the Procurement Policy Officer is the central organ of the Government that regulates the procurement

Applied laws - judicial elucidation of acts, APPLIED LAWS: However sec...

APPLIED LAWS: However section 2 of the Interpretation and General Provisions Act specified like an "applied law" as:; (a)   here an Act of the legislature of another countr

Teleological approach to client representation- case, Bobby K is pursuing t...

Bobby K is pursuing the teleological approach to client representation, meaning that the result is all he's after - case closed! Not exactly a win-win but a "settlement" and closur

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd