What is a key disadvantage of delegated legislation?

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Delegated legislation is often made by authorities or bodies that have been given the power to do so by an Act of Parliament. A key disadvantage of this form of legislation is that it typically does not undergo the same level of scrutiny as primary legislation, which is debated and voted on by both houses of parliament. As a result, there is a risk that provisions in delegated legislation may not be thoroughly examined or challenged, leading to potential issues with transparency and accountability. This lack of full review can allow for mistakes or overreach without adequate oversight, diminishing the legislative checks and balances that are a fundamental aspect of a well-functioning democratic system.

The other options present characteristics of delegated legislation that are generally perceived as advantages. Public participation in the creation of delegated legislation is often limited compared to primary legislation, leading many to argue that this is not a disadvantage. The notion that delegated legislation creates more comprehensive laws refers to its flexibility in addressing specific details and technical matters that might be impractical for the broader parliamentary process. Lastly, while it being constantly updated can lead to more relevant and timely regulations, it is not a disadvantage in the same sense as the lack of parliamentary review.

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