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Delegated Legislation

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Introduction

´╗┐Delegated Legislation Delegated legislations are laws made by executives using the powers given to them by the primary legislation. The aim is to promote better legislation and reduce burden of courts caused by legislation. There are various types of delegated legislation. Bye-laws are legislation made by local authorities. Statutory Instrument is laws drafted by government ministers to supplement the aims of primary legislation. Orders by Council are laws made in times of emergencies, by government department, approved by Privy Council and signed by the Queen. Each of these contributes as a source of law. Those that draft delegated legislations are not represented by elected representatives. ...read more.

Middle

All delegated legislation is published for public to scrutinize. Courts rely on public to bring cases to court to conduct judicial review. Parliamentary controls may include Affirmative and Negative Resolution Procedures. Affirmative Resolution Procedure usually concerns Primary Acts of constitional importance. Hence, Parliament may be required to vote for its approval of the delegated legislation. Negative Resolution Procedure is where Parliament wishes to annul a delegated legislation through voting system. The delegated legislation will be cancelled if majority is in favour of annulment. A debate will be guaranteed only of the annulment is by the opposition which may be unfair when the annulment is by a backbencher. ...read more.

Conclusion

Delegated legislation is advantageous as it can be challenged under the procedure of judicial review whereas the validity of a statute can never be challenged due to parliamentary sovereignty. Challenge may be based on the following grounds. Ultra vires is where a person had acted beyond the powers granted. This may be based on 2 grounds for judicial control which may be procedural or substantive grounds.Procedural grounds is where a citizen may challenge the validity of delegated legislation where there has been a failure to follow procedures laid down in Enabling Act. It can also be challenged on unreasonableness. It has many advantages and disadvantages. It shifts too much power to the ministers and threatens democracy. There is insufficient control hence reforms should be introduced to balance it. ...read more.

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