Delegated Legislature

CONTENT

1. Definition and Types.
2. Reasons for Delegated Legislature.
3. Demerits and Control of Delegated Legislature.

DEFINITIONOF DELEGATED LEGISLATURE

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

TYPES OF DELEGATED LEGISLATURE

• ORDER- IN- COUNCIL: These are powers delegated to the British king or queen to issue orders in 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 for smooth running of their responsibilities.
• PROVISIONAL ORDERS: These are regulations and statutory orders made by non-legislative government agencies other than local government authorities and ministers.
• MINISTERIAL ORDERS AND REGULATIONS: These are laws, rules and regulations which emanate from minister. In the exercise of their delegated powers to make laws, ministers have wide discretionary powers but such must be exercised in accordance with the relevant laws.
• SPECIAL PROCEDURE ORDERS: These orders are also known as statutory order and they are similar to provisional orders. Like provisional orders, they confer special powers upon local authorities or bodies made by ministers as authorized by parliamentary acts.
• WARRANTS: This refers to search warrants by senior police officers to suspected persons and bench warrants by high court judges for a person to appear before the court.

EVALUATION QUESTIONS

• What is delegated legislature?
• What is order in council?

REASONS FOR DELEGATED LEGISLATION

• To reduce the workload of parliament.
• To facilitate the law-making process.
• Due to the technical nature of some legislation that makes it possible for the legislature to pass them.
• It is used to avoid rigidity.
• It is used in emergency period.
• It is used to make adjustments to meet unforeseen and contingent matters in a country.

MERITS OF DELEGATED LEGISLATION

• It saves time.
• It is suitable for emergency.
• It gives room for flexibility.
• It allows for experimentation.
• It conforms to local needs.
• It easy to understand.
• It helps to bring government nearer the people.

DEMERITS OF DELEGATED LEGISLATION

• It reduces the supremacy of the parliament.
• It is prone to abuse.
• It is against the principle of separation of powers.
• It makes judicial review difficult.
• It encourages dictatorship.
• It concentrates too much power on the executives.
• It is a violation of rule of law.
• Violation of fundamental human rights.
• It is undemocratic.

CONTROL OF DELEGATED LEGISLATION

• Parliamentary Control: The parliament that delegates part of its constitutional powers to other bodies adopts some measures to check misuse of powers.
• Committee on statutory instrument.
• Judicial or legal or court control.
• Ministerial control.
• Ministerial accountability.
• Financial control.
• Press criticism.

EVALUATION QUESTIONS

• Explain argument for delegated legislation
• How can delegate legislation be controlled?

GENERAL EVALUATION/REVISION QUESTION

1. Explain the following terms (i) Order-in-Council (ii) Provisional Order (iii) Bye- Laws (iv) Warrants
2. Why do people criticize delegated legislature?
3. Highlight 5 reasons for delegated legislation.
4. A. Define Political socialization B. List and explain the agents of political socialization.

WEEKEND ASSIGNMENT

1. The power delegated to the king or queen is called  A. order-in- council  B. bye-laws

C. proclamationD. provisional order

• Laws made by local government is called A. warrants B. special procedure  C. edicts

D. none of the above

• The executive is collectively responsible to the ——–for its actions A. parliament

B. judiciary C. civil serviceD. people

• Special Procedure Order is also known as  A. bye-laws B. statutory Order C. order-in-councilD. edicts
• The delegation of administrative powers to the local units with central supervision and control is called A. devolution B. centralization C.deconcentrationD. commercialization

THEORY

1. Of what use is delegated legislation to modern government.
2. Explain the following: a. order- in-council B. bye-laws C. provisional order