Professional Documents
Culture Documents
Delegated Legislation: Submitted By: Submitted To
Delegated Legislation: Submitted By: Submitted To
Experiment
1. Emergency
2. Confidential matters
3. The complexity of modern administration
4. Classification of delegated legislation
5. Title-based classification
6. Discretion-based classification
Purpose-based classification
The broad use of the delegated legislation in the modern era which has
seen to it that every law that the legislature passes grants some power of
legislation to the executive is the ultimate outcome. In essence, the
legislature creates the law and the executive breathes life into it.
M.P. Jain says that that delegation legislation is applied in two aspects:
Reasons for growth of delegation
legislation-
A number of reasons have contributed to the fast growth of delegated
legislation in all democratic states of today. Due to the great change in the
kind of roles to be played by the state, the responsibilities of the state have
also increased.
These are the reasons that have contributed to the growth of delegated
legislation:
This is how the executive gives life by making the required rules,
regulations, bye-laws and so forth. Delegated legislation has risen up
greatly due to the necessities of the modern state and more especially the
social and economic reforms.
This brings about a credible fear that the bureaucracy is what is ruling
among the people. For instance, 302 laws were executed in India from
1973 to 1977 which is not exactly the case since the actual number was 25,
414.
Flexibility
The proper working of the modern government that definitely needs good
quantity and quality of the law may not be given by parliament no matter
how long the attention to it. It, therefore, makes it a compulsory necessity
to legislate rulemaking.
It is known that parliament does not work full time. All the alternatives
may not be seen during the passing of any legislative executions. So the
executive needs to be given power in order for it to cater for contingencies
that are not expected. The delegated legislation gives a chance for quick
amendments since parliament has a tendency to delay.
Experiment
The lack of validity and experimentation is a disadvantage legislative
processes face. However, the delegated legislation gives the executive an
opportunity to experiment. The method allows the quick use of the
experience and enacting the required changes when applying the provision
is the presence of the experience. The rules and regulations can be
implemented if they turn out to be satisfactory. In the same way, if they
are found to have a defect, the defect can be sorted out on the spot. This
mode, therefore, gives the allowance of a quick use of experience and the
implementation of the required adjustments in the presence of the
experience. For instance, an experiment may be done in road traffic and
during the application process, the required changes can be made.
Emergency
Emergency calls for quick reactions. It may occur during war, insurrection,
epidemics, floods, economic depression and everything else similar. The
legislative process does not have whatever it takes to offer immediate
solutions in such situations. This makes it necessary for the executive to
have the power that may be executed immediately.
The best solution, in this case, is delegated legislation. In that case, to cate
for emergent situations, the making of an administrative rule is required
since the ordinary lawmaking process is excessively burned the
technicalities of the constitution and administration which brings about
delay.
Confidential matters
Some situations call for the fact that nobody should know the law until it is
operational. Some of those matters include rationing schemes, import duty
impositions or exchange control. People could plan their property rights in
a manner that will win over the intentions of the law when impositions of
restriction on private ownership are publicised before it has been made
operational.
Delegated legislation may adopt several forms. The forms may be normal
or exceptional, positive or negative and so forth.
Title-based
The forms that delegated legislation may take are rules, regulations, bye-
laws, notifications etc.
Discretion-based
The executive may receive a conferred discretion in order to make the Act
operational upon meeting particular conditions. Such a legislation is
termed as ‘conditional’ or ‘contingent’ legislation.
Purpose-based classification
The purpose has its basis on nature and the level of power granted and the
purposes to which those powers can be practiced. That way, the executive
has the chance to be empowered to have a specific day to enforce the Act,
supply the details, extend what the Act provides to other sectors, include
or exclude the workings of the Act to particular territories, individuals,
industries, commodities to briefly halt etc. This administrative rule making
classification makes use of the consideration of delegated legislation
according to the various purposes it is supposed to serve.
1. Normal delegation
Positive: Where the boundaries of the delegation are clearly elaborated in the enabling act.
Negative: Where power delegated does not incorporate the authority to undertake some
actions such as legislate on issues of policy.
1. Exceptional delegation.
Such instances may be:
The authority to give a broad discretion that is nearly impossible to establish the limits.
The sovereignty of parliament means that there are principles to which the
exercising of delegation must align itself with. There was a great increase
in delegated legislation in the period of the two World Wars. The
parliament was forced to delegate broad lawmaking power in regards to
the government in the 20th century.
When issues were raised in opposition to the delegated legislation and its
growth, it was put on the shoulders of a Committee on Ministers’ Power in
1929. In 1932, the Committee handed over its report stating that the
system of delegated legislation is legal and desirable constitutionally for
particular purposes with particular limits and under particular safeguards.
Separation of powers
The separation of powers is adopted in America. In accordance to Art 1. 1
of the USA constitution the power to legislate is strictly for the Congress.
The Congress cannot grant legislative power to the President. This is a
concept that is recognized everywhere for the purpose of the integrity and
maintains the Government system.
This doctrine states that someone who has been delegated cannot be
delegated again. This is to say that since the Congress acquires its power
from the people and is the people’s delegate, it cannot delegate its
legislative power again to the executive or another agency.
Case laws-