Advantages of delegated legislation
(a) Saved Parliament Time
Delegated legislation allows parliament to save time. Time, thus saved, can be more fruitful used by the legislature on important policy issues.
(b) Flexibility of the rules
The laws passed by the legislature are relatively rigid. The administrative rule, on the other hand, is easily modifiable in response to rapidly changing needs, without a formal amendment of the Law.
(c) Affected interests consulted
Delegated legislation makes possible prior consultation with the affected interests. Such consultation will make the legislation more effective.
(d) Expert knowledge used
Parliament is composed of lay people. Delegated legislation helps to make use of expert knowledge and to elaborate details in the correct lines.
(e) Avoid litigation
The administrative legislation allows a definitive declaration of the policy, thus avoiding the possibility of litigation or compulsions.
(f) Immediate action in emergencies
Parliament is in session for a few months in a year. If emergencies arise during their interval, they cannot be addressed immediately until the Executive is empowered to deal with them through its power to issue rules and regulations.
Disadvantages of delegated legislation
(a) Individual freedoms at stake
It is understood that the granting of discretionary powers to officials turns democracy into despotism. The concentration of legislative and executive authorities endangers people’s freedoms.
(b) Delegation of unlimited powers
Once this process of delegating legislative powers begins, it is understood that unlimited powers can be delegated to the Executive. In India, for example, the legislature has been approving skeleton bills, granting general powers to the Executive.
(c) Jurisdiction of the dismissed courts
Delegated legislation often seeks to expel the jurisdiction of the courts. This results in depriving citizens of judicial protection. The Enabling Law can clearly specify that the rules established there will not be questioned in any court of law.
(d) Interest of ignored people
In general, critics argue that it can serve the interests of influential parties or interested groups, thus ignoring the interest of the masses in general.
(e) Inappropriate scrutiny
Improper scrutiny of the rules and regulations by the parliament makes delegated legislation turn into despotism. This is quite unfair.
(f) Confusion and chaos
It is claimed that too much flexibility leads to confusion and causes chaos. Therefore, it affects administration very negatively.