Give reasons why delegated legislation is often criticized

Delegated Legislation is the law made by extra
parliamentary bodies such as the executive and
judiciary. It is a body of laws made
by bodies which the parliament delegate law making function unto.
Examples of Delegated Legislation

  • Order in Council 
  •  Bye Laws  
  • Provisional Order  
  • Judicial Review
A lot of criticisms have been levied against
delegated legislation. They include the following:

  1. Delegated Legislation my lack adequate publicity which
    may make it unknown among the people. People may
    therefore unconsciously run foul of the law.
  2. The exercise of delegated
    legislation is against the principle of separation of power.
    Essentially, this principle advocates that governmental functions and
    powers should be shared among the three organs of
    government to prevent despotism and arbitrariness.
  3.  Delegated Legislation can lead to
    abuse of power.. The executive may misuse the power of
    delegated legislation if it is not properly and appropriately checked.
  4. Delegated Legislation may lead to excessive work
    load on the executive and this may have impact on
    the effectiveness and efficiency of the stale
  5.  The exercise of delegated
    legislation is undemocratic. Law are supposed to be made by elected representatives but
    in a situation where the executive now exercise such powers it is undemocratic.

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