Article 93(2) of the 1992 constitution of Ghana provides that the legislative power of Ghana shall be vested in Parliament and shall be exercised by Parliament in accordance with the Constitution. This legislative power however can be delegated under the authority of the Constitution or Statutes. With your knowledge on the topic, canvass three arguments each for and against the delegation of this legislative power.

Arguments FOR delegation of legislative power:

  1. Efficiency: Delegation of legislative power can result in a more efficient law-making process. Parliament may not always have the necessary time or expertise to deal with all issues that require legislation. By delegating some of its powers to bodies or officials with more specific expertise, legislation can be produced more efficiently, without compromising the quality or legitimacy of the law.
  2. Flexibility: Delegation of legislative power can provide greater flexibility in the law-making process. As complex issues arise, Parliament may not be able to foresee all potential situations and provide for them in the law. Delegation of legislative power can provide for more flexible and adaptable responses to changing circumstances or needs.
  3. Expertise: Delegation of legislative power to specialized bodies or officials can ensure that legislation is crafted by people with the necessary expertise in a specific area. This can result in better quality and more effective legislation.

Arguments AGAINST delegation of legislative power:

  1. Accountability: Delegation of legislative power can result in a lack of accountability. If legislative power is delegated to non-elected bodies or officials, there may be no effective means for the public to hold them accountable for the laws they produce. This can erode the democratic legitimacy of the law-making process.
  2. Separation of Powers: Delegation of legislative power can undermine the separation of powers between the executive, legislative, and judicial branches of government. If the executive branch is given too much power to make laws, it may become too powerful and undermine the independence of the legislature and judiciary.
  3. Abuse of Power: Delegation of legislative power can create opportunities for abuse of power. If legislative power is delegated to bodies or officials with insufficient oversight or accountability, they may be tempted to abuse their power for personal gain or to pursue their own agendas. This can undermine the legitimacy and effectiveness of the law-making process.

Asonya Gh

Asonya Gh is an entrepreneur, an entertainment and lifestyle blogger based in the Upper West Region of Ghana. He is also the CEO of OneMuzikGh.Com, a website that covers news and updates about music, events and celebrities in Ghana. He has won several awards for his blogging work. He also has a Twitter account and a Facebook page where he posts his content and interacts with his followers.

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