Pros And Cons Of Day Care Act

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To: Minister From: Noor Date: 18-12-15 Subject: Day Care Act This memorandum contains the information of the methods of awarding the administrative power and what the options are when it comes to choosing an administrative organ by considering the facts of the particular case of day care act. Basically, there are three ways in which administrative power can be awarded and the first method of awarding the administrative power is attribution. Attribution means the creation of an administrative power that originates from either the constitution, statue or an act passed by the parliament. In order to know what kind of powers an administrative organ has, there will be a need to find the law that regulates that organ, and so in other words, …show more content…

The delegation of administrative power is the transfer of administrative authority of taking decisions. There are certain facts with the delegation of power such as the fact that the organ that delegates its power to another organ, are no longer in charge after the delegation their power. The organs that have the delegated power have to exercise the power under their own responsibility. The delegation of administrative authority to another organ also requires consent from the organ that will be receiving the administrative …show more content…

The risks are involved because if a new organ is created, the result can be not as expected. The setup of a new organ can be costly and can take time in order to hire new people and hire offices. So it is basically a slower process that having an existing organ. The third administrative body is the Non administrative organ that are Sometimes (public) tasks assigned to non-administrative (private) bodies such as NGOs, companies. This can lead to a couple of problems such as the lack of safety of public domain. Considering the fact that the Day Care Act is supposed to enter into force no later than six (6) months after its adoption, an existing organ would have less time needed and since a newly created organ takes time and involves certain risks mentioned above, would not be a good option in this particular case. And if the power is awarded by mandate, it will create a hierarchical relationship and that will make it easy to have more checks and balances between the existing organs. The Existing administrative body is the organ that already exists; it is in place and is actually functioning as an organization. Since it is already working, than it is likely to lead to success and this means that it is a safe