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.
- 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.
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