Question

Explain any TWO (2) advantages of subsidiary (delegated) legislation. (10 mark)

Answer 1

Two advantages of subsidiary (delegated) legislation:-

1. Saves Time for the Parliament

The government should be concerned about many overwhelming activities.

In order to resolve the complexity and volume that the legislature needs to deal with, the power needs to be delegated to the executive branch.

This is because of the lack of time or the capacity thereof in making laws for regulation. Hence, the creation of delegated legislation should be essential to avoid bogging down into the burden of details

Parliamentary time is saved on relatively trivial matters.

Local knowledge is usually desirable in deciding what local by- laws should be passed. This task, therefore, is given to the local authorities. Delegated legislation is far quicker to introduce than an Act of Parliament.

This can be an advantage in instances when emergencies or unforeseen problems require laws to be changed. 2. Enables Flexibility Delegated legislation is more flexible than an Act of Parliament. It is far simpler to amend a piece of delegated legislation than to amend an Act of Parliament. Statutes have created rigidity in administration, but the administrative legislation can be more adaptable to varying circumstances. Thus, it will be useful in the branches of administration liable for occasional changes and where the technical developments are happening on a day-to-day basis.