Explain five disadvantages of delegated legislation as a source of law. (10 marks)November 2022

Delegated legislation, also known as secondary legislation, refers to laws made by government agencies or other bodies that have been authorized to make laws by the legislature.

Here are some disadvantages of delegated legislation as a source of law:

1. Lack of democratic accountability: Delegated legislation is often made by government agencies or other bodies that are not directly accountable to the public. This can make it difficult for citizens to hold these bodies accountable for the laws they make.
2. Lack of public participation: The process of making delegated legislation is often less transparent and less open to public participation than the process of making primary legislation. This can make it difficult for citizens to have their voices heard and to influence the content of the laws.
3. Limited judicial review: The courts often have limited power to review delegated legislation, which can make it difficult for citizens to challenge the laws made by these bodies.
4. Technical complexity: Delegated legislation is often highly technical and difficult for the general public to understand. This can make it difficult for citizens to know their rights and responsibilities under the law.
5. Lack of consistency: Delegated legislation can vary widely from one government agency or body to another, making it difficult for citizens to understand the law and comply with it.
6. Lack of flexibility: Delegated legislation can be inflexible and may not adapt easily to changing circumstances, making it difficult to update or change the law as needed.
7. Lack of parliamentary control: Delegated legislation is not subject to the same level of scrutiny and control as primary legislation, which can lead to less oversight over the laws made by government agencies or other bodies
8. Lack of coherence: Delegated legislation can be contradictory to primary legislation and other delegated legislation, creating confusion and legal uncertainty.