Exam focus – Keypoint on delegated legislation, Reasons, Arguments and how to check the dangers inherent in delegated legislation.
Delegated legislation: This refers to laws, rules and regulations made by other bodies or persons other than the legislature but sanctioned by the legislature.
Reasons for delegated legislation
- It is used to reduce the work load of the legislature.
- It is also used to facilitate the law making process.
- It is because of the technical nature of some legislations.
- As a result of complicated nature and the growth of the government activities.
- Delegated legislation is used in order to avoid rigidity.
- It is properly used in emergency period because of its flexibility.
- In order to bring government nearer and power to the people.
- It is used to make adjustment to meet unforeseen and contingent matters in a country.
Types of delegated legislation
- Orders – In – Council: These are powers delegated to the British king or Queen to issue orders on certain matters which have the force of law.
- Bye Laws: Theses are rules and regulations made by local government authorities or local councils, public corporation and other similar bodies for the smooth running of their responsibilities.
- Provision Orders: These are orders conferring powers upon individuals authorities or bodies made by a minister as authorized by parliamentary acts.
- Statutory Instrument: They are orders or rules issued by ministers or commissioners under the authority conferred on them by acts of parliament.
- Special Procedures Orders: They are orders also known as statutory order and they are similar to provisional orders.
Arguments for delegated legislation
- Time saving
- Conforms to local needs
- Easy to understand
- It saves cost
- It gives room for flexibility
- Suitable for emergency periods
- Use of experts
- Allows for experimentation
- Lessen the pressure on parliament
- It help to bring government nearer to the people.
Arguments against delegated legislation
- It is prone to abuse
- It is undemocratic
- Makes judicial review difficult
- It encourages dictatorship
- Lack of adequate publicity
- Red tape
- Insufficient consultations
- Lack of effective control
- It reduces the supremacy of the parliament
- It is against separation of powers
- It is a violation of the rule of law
- It amount to usurpation of powers
- Violation of fundamental human right
- Concentration of too much powers in the executive.
Control of delegated legislation or how to check the dangers inherent in delegated legislation
- Parliamentary control
- Ministerial control
- Ministerial accountability
- Public enquiry
- Press criticism
- Committee on statutory instrument
- Judicial or legal or court control
- Financial control
- Public outcry or public opinion