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CMA Foundation · Fundamentals of Business Laws and Business Communication · Primary and Subordinate Legislation

Which of the following is the usual reason why Parliament permits delegated legislation instead of enacting every detail itself?

Parliament permits delegated legislation because it has limited time and lacks technical expertise to settle every detail. It therefore lays down the policy in the parent Act and authorises the executive to frame rules and regulations, which stay subject to the Act and to judicial review.

  1. AParliament has no power to legislate on technical subjects
  2. BDelegated legislation is not subject to any judicial review
  3. CParliament lacks the time and technical expertise to frame every detail, so it lays down the policy and leaves details to the executiveCorrect
  4. DDelegated legislation overrides the parent Act in case of conflict

Explanation

Parliament enacts the broad policy in the parent Act and authorises the executive to fill in details because of limited time, need for technical expertise and flexibility. Delegated legislation does not override the parent Act and remains open to judicial review, so the other options are wrong.

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