Documentos de Académico
Documentos de Profesional
Documentos de Cultura
AIALS
Delegated Legislation
Exercise of legislative power by an agency which is
subordinate to the legislature The rules, regulations, bylaws etc made by the executive in the exercise of law making power delegated to it by the parliament. Secondary legislation, supports the mission of primary legislation Cannot contravene existing law
Delegation of power
Means those powers, which are given by the higher
authorities to the lower authorities to make certain laws. Commencement Supplying details Modifications Prescribing punishments Framing of rules Removal of difficulties
Technicality
Flexibility Experimentation Emergency situation
Advantages
Saves time Allow rapid change Quick response to new developments Enables minor changes to statutes
Disadvantages
Parliament has insufficient time to
scrutinise it. Lack of publicity Henry VII clauses can give power to delegated legislation or amend or repeal Acts of Parliament Undemocratic as most regulations are made by civil servant or other unelected people.
Classification
Title based classification Discretion based classification Purpose based classification Sub-delegation
Criticisms
Lacks democracy
Subject to less Parliamentary scrutiny Lack of control over delegated
Conclusion
Permits the body beneath parliament to pass their own
legislature Legislation made by person or bodies other than parliament. That person or body must be permitted by the parliament by an Act passed by the parliament. Can be add more details and make technical changes Important role in the making of law