Delegated Legislation

Delegated legislation may be defined as laws, rules and regulations made by other bodies or persons other than the legislative but sanctioned by the legislature.

REASONS FOR DELEGATED LEGISLATION.

• Delegated legislation is used to reduce the work load of the legislature.
• It is also used to facilitate the law making process.
• The technical nature of some legislation makes it possible for the legislature to pass them to experts in other bodies.
• Delegated legislation is used in order to avoid rigidity.
• It is properly used in emergency period because of its flexibility.

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:                              These are rules and regulations made by local government authorities or local councils, public corporations and other similar bodies. It have effects in its area of operation/ jurisdiction.

Provisional orders:                 These are orders conferring powers upon individual authorities  or bodies made by a minister as authorized by parliamentary acts. The public can only act when the bill has been approved.

Statutory instruments:          These are known as ministerial orders or departmental orders. They are orders or rules issued by ministers or commissioners under the authority conferred on them by Acts of parliamentary.

Warrants:                               Search warrants by senior police officers to suspectd persons and bench warrants by high court judges for a person to appear before the courts to give evidences are parts of delegated legislation.

EVALUATION:

• Define Delegated Legislation
• Ague the reasons for the need for delegated legislation
• Mention and discuss the various types of delegated legislation.

MERITS OF DELEGATED LEGISLATION

Time saving: This saves the parliamentarians time and energy that could have been dissipated on such issues.

It is suitable for emergency periods.

Use of experts in technical subjects : It makes it possible for different expert to make technical laws in their different fields.

It helps to bring government nearer to the people.

It saves costs: delegated legislation saves cost in terms of materials and human resources and the formalities involved in the passage of bills.

DEMERIT OF DELEGATED LEGISLATION

• It reduces the supremacy of the parliament. This is because delegated legislation served as a beach you the function of the legislature by the executive.

• It is prone abuse.

• It is against the principle of separation of powers.

• It is undemocratic : it encourages those without the people’s mandate to make laws.

• It is a violation of fundamental Human Rights.

CONTROL OF DELEGATED LEGISLATION.

1. Parliamentary control.

• Committee on statutory instrument.

• Judicial or legal control : the law court has power to declare any delegated legislation invalid, ultra-null and void and of no effects.

• Ministerial control: minister have the power and authority to  approve and control bye-laws made in their ministries, companies and corporations under them.

• Financial control: the spending activities of bodies with powers of delegated legislation are control by the government by sending auditors to audit their accounts.

EVALUATION:

• Give reasons for the control of delegated legislation.
• State 5 merits and 5 demerits of delegated legislation.