Delegated legislation refers to laws and regulations made by bodies or authorities other than the legislature (such as Parliament) that are empowered to make such laws under the authority of an enabling Act of Parliament. It is also known as secondary legislation, subordinate legislation or quasi-legislation.
Delegated legislation is necessary because it allows the government and other bodies to respond to changes in society and to implement policies in a timely manner without the need to go through the lengthy and time-consuming process of passing primary legislation. Delegated legislation is often used to regulate technical or detailed matters, such as safety regulations or specific guidelines for a particular industry.
Delegated Legislation can take Various Forms
- Orders in Council: These are regulations made by the Queen and Privy Council in certain circumstances, such as in times of emergency or to implement international agreements.
- Statutory Instruments: These are regulations made by ministers or government departments under the authority of an Act of Parliament.
- Bylaws: These are regulations made by local authorities or other bodies with delegated authority to regulate certain matters within their area of jurisdiction.
While delegated legislation has the advantage of flexibility and efficiency, it is often criticized for its lack of transparency and accountability. There is also a risk that delegated legislation can be used to bypass parliamentary scrutiny and limit democratic oversight. To mitigate these risks, there are usually safeguards built into the process of making delegated legislation, such as consultation with interested parties and the requirement for delegated legislation to be laid before Parliament for scrutiny and approval.
Key Points about Delegated Legislation:
- Delegated legislation refers to laws and regulations made by an executive authority, rather than by the legislative body.
- Delegated legislation is authorized by primary legislation, which gives the executive authority the power to make rules, regulations, orders, and other types of legal instruments that have the force of law.
- Delegated legislation can take many forms, including statutory instruments, orders in council, regulations, by-laws, and rules.
- Delegated legislation is more flexible and responsive than primary legislation, as it can be created quickly and easily updated or revised as needed.
- Delegated legislation is subject to parliamentary scrutiny, public consultation, and judicial review to ensure accountability and transparency.
- Parliamentary scrutiny may involve a committee of parliamentarians reviewing the delegated legislation before it is finalized.
- Public consultation may involve soliciting feedback from stakeholders and the public before the legislation is implemented.
- Judicial review may involve a court assessing the validity of the delegated legislation and determining whether it is consistent with primary legislation and constitutional principles.
- Delegated legislation is controversial, as it gives significant power to the executive branch and may be seen as bypassing the legislative process.
- Delegated legislation plays an important role in the legal system, as it allows for more efficient and effective implementation of primary legislation and can be used to address specific issues that may arise in the course of governance.
