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

Void contracts, Void Contracts - Law of Contract However these are con...

Void Contracts - Law of Contract However these are contracts which the law treats as non-existent.  Thus as a general rule illegal contract is only void although not certain r

Unauthorized contracts - company secretary, Unauthorized Contracts: It...

Unauthorized Contracts: It may sometimes happen that a company's agent, while entering into a contract on behalf of the company, exceeds his powers under the articles of assoc

Mind like inventions, Intellectual property refers to creations of the mind...

Intellectual property refers to creations of the mind like inventions, artistic and literary works, designs, and more used for profit. There are two categories of intellectual prop

Terminate the contract of employment, QUESTION 1 In the exercise of its...

QUESTION 1 In the exercise of its disciplinary power an employer can terminate an employee's contract. Should an employer decide not to terminate the contract of employment, wh

State article 2 of international law, State article 2 of International law ...

State article 2 of International law Article 2 states that there is no right of a State under international law to diplomatic relations; these exist by mutual consent. However

What is codifying treaty, What is Codifying treaty Codifying treaty, me...

What is Codifying treaty Codifying treaty, meaning whereby, certain existing customary laws are codified in order to develop international law and make it binding between the s

Alternative dispute resolution, "The liability of third party neutrals has ...

"The liability of third party neutrals has been a topic of concern ever since the formalisation of dispute resolution in Australia.  Although there are no known cases in Australia

Sales of goods, when can implied condition can be treated as warrantee?

when can implied condition can be treated as warrantee?

Describe the cole inquiry recommendation, Q. Describe the Cole Inquiry reco...

Q. Describe the Cole Inquiry recommendation? In 2003 the Cole Inquiry made a range of recommendations to reform the building and construction industry. The Inquiry found that t

Discuss why the house of lords took the opposite view, The Harrow and Healt...

The Harrow and Healthy Hearts Country Club is in need of additional funds of $10,000 to build a swimming pool. An advert is placed in the local press seeking not only new members b

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