Reasons for the growth of delegated legislation
Reasons for the growth of delegated legislation, Delegated legislation has almost reached a universal phenomenon. It owes certain important factors that have contributed greatly to this development. They are the following:
(a) Lack of parliamentary time
A welfare state postulates extensive legislative activity. The enormous volume of legislative matters makes it imperative that Parliament enact laws, which incorporate general principles, allowing executive departments to provide details.
(b) Scientific and technological nature of the subject
Parliament is, in general, a body of laity, certainly not of the various fields of knowledge and learning. Therefore, there are limitations on Parliament’s ability to address scientific and technical issues.
(c) Need to ensure flexibility
The law may require amendments or modifications with changing times. Parliament is not always session. Therefore, you cannot adopt the law under changing conditions. The delegation of this power to the executive branch allows you to make changes to the law whenever it is considered essential.
(d) To provide unforeseen contingencies
Emergencies such as war, hunger, economic crisis require immediate action. It is not desirable to wait for Parliament’s session to face such eventualities. Therefore, such power must be granted to the executive who is always prepared to take action.
(e) The legislature cannot provide
It is not possible for the legislature to anticipate and include in the law all contingencies that may arise in case of large and complex matters. Therefore, they are left to the departments to be regulated and as when the opportunity arises.
(f) Affected interests best consulted
Administrative agencies can make a better consultation with the affected interests than the legislature, which cannot conveniently organize such consultations.
(g) The administrator knows the situation requirements better.
The administrator knows the situation requirements better than a lay parliamentarian. It can, therefore, write rules in light of what is administratively feasible. Laws passed by the legislature do not necessarily have to do with the administrative viability of the rules. Therefore, many times they seem unfeasible and the Administrator is in a dilemma. In order to deal with such a situation, you can enforce the laws in a way that can overcome your purpose.
(h) Rules to be lenient in the initial stages
The government is entering new areas, especially trade and commerce. If people adapt to the new situation, government rules can be rigid. The administrative procedure of elaboration of rules by itself can allow the hardening of the rules after the passage of time.
(i) Proper rule writing
Since the elaboration of rules is carried out according to the circumstances; The drafting of standards may be more perfect than legislation through Parliament. That’s why I preferred it. Administrative agencies offer expert services and are better equipped for experimentation than the legislature.