Table Of Contents
1. Meaning Of Delegated Legislation
2. Types Of Delegated Legislation
3. Reasons For Delegated Legislation
Meaning Of Delegated Legislation
Delegated legislation refers to the body of rules or law passed by a person, persons, or bodies other than the legislature. Such rules are enforceable in the law courts.
Types: There are three types of delegated legislation. These are:
1. Statutory Instruments: These are laws passed by the executive or government departments.
2. Bye-laws: These are rules made by local government authorities, and public corporations.
3. Order-In-Council: This is peculiar with Britain. They refer to laws made by the privy council, that is, the Queen and Cabinet sitting in council.
Reasons For Delegated Legislation
Delegated legislation has become an unavoidable feature of modern government. The reasons for this are:
1. Modern legislatures are constantly under pressure of time with increasing volume of work. The system therefore saves parliamentary time.
2. There is much need for legislative flexibility and thoroughness.
3. There is also the need to cope with emergency situations and act promptly in an emergency.
4. Bills that come before modern legislatures are becoming increasingly technical in nature. There is therefore the need to use expert advice for highly technical subjects.
5. Finally the idea of delegated legislation allows for experimentation.