Delegated Legislation

Submitted by: Urvashi Srivastava  | B.A.,LL.B. (Hons.), 3rd Sem.

PROJEC  T :

DELEGATED LEGISLATION

Acknowledgement !"rs#$%, I &o'$d $"e #o e*ress m% *ro+o'nd sense o+  r-#"#'de #o&-rds #e -$m"#% +or *ro/"d"n me &"# #e -'#en#"0 0"r0'ms#-n0es &"0 &ere m-nd-#or% +or #e 0om*$e#"on o+ m% *ro1e0#.

Se0ond$%, I -m "$% "nde2#ed #o Dr. E2-$ H'ss-"n -# !-0'$#% o+ L-&, J-m"- 4"$$"- Is$-m"- 5n"/ers"#%, Ne& De$" +or *ro/"d"n me &"# 0ons#-n# en0o'r-emen# -nd '"d-n0e #ro'o'# #e *re*-r-#"on o+ #"s *ro1e0#.

4% 0-rd"n-$ #-ns -re -$so +or m% *-ren#s, +r"ends -nd -$$ #e-0ers o+ $-& de*-r#men# "n o'r 0o$$ee &o -/e -$&-%s 2een #e so'r0e o+ m% "ns*"r-#"on -nd mo#"/-#"on &"#o'# &"0 I &o'$d -/e ne/er 2een -2$e #o 'n-2r"ded m% *ro1e0#.

Urvashi Srivastava

Contents 

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Law Introduction Delegated Legislation What is delegated legislation • Importance of delegated legislation • Criticism of delegated legislation • Control of delegated legislation • Types of delegated legislation • Statute Journals or Law Reviews ByeLaws !rders Judicial Decisions Bi"liography

LAW

Law is a system of rules and guidelines which are enforced through social institutions to govern "ehaviour# Laws are made "y governments$ specifically  "y their legislatures# The formation of laws themselves may "e influenced "y a constitution %written or unwritten& and the rights encoded therein# The law shapes politics$ economics and society in countless ways and serves as a social 6

mediator of relations "etween people# To implement and enforce the law and  provide services to the pu"lic$ a government's "ureaucracy$ the military and  police are vital# While all these organs of the state are creatures created and  "ound "y law$ an independent legal profession and a vi"rant civil society inform and support their progress# Law provides a rich source of scholarly in(uiry into legal history$ philosophy$ economic analysis and sociology# Law also raises important and comple) issues concerning e(uality$ fairness$ and *ustice# "In its majestic equality" $ said the author +natole ,rance in -./0$ "the law forbids rich and poor alike to sleep under bridges, beg in the streets and steal loaves of bread."  Writing in 123

BC$ the 4ree5 philosopher +ristotle declared$ "The rule of law is better than the rule of any individual."

The law is divided into Primary and Secondary Sources of the Law. Primary Sources of Law 6 can "e divided into two categories6

%i& %ii&

legislation %statutes$ regulations$ and ordersincouncil& and case law %decisions of courts and administrative tri"unals&# 7rimary legal resources are the products of official "odies with the authority to ma5e law# Thus$ primary legal resources can affect the legal rights of  citi8ens#

Secondary Sources of Law6 are "ac5ground resources# 9nli5e primary

resources$ they do not have the power to affect legal rights$ and are referred to instead for their instructive value and for the references they provide to relevant  primary sources of law# Secondary legal resources include te)t"oo5s$ legal  *ournals$ legal encyclopaedias$ and case law digests:summaries# Because of the  "road overview of the law that they provide$ secondary legal resources can "e 3 an e)cellent starting point for legal research#

INT!#$TI!N

Delegated legislation in its various forms is a necessary source of law in a  progressive society# 7arliament simply cannot 5eep up with the need for law reform demanded "y society# The government formed within 7arliament has to fulfill the promised reforms %among other agenda& and there is definite pressure to see that these reforms are passed within the particular session# The lac5 of  speciali8ed 5nowledge among ;7s< ma5e DL a necessary avenue to ensure reasona"le and effective content of the law# It would "e unreasona"le to e)pect ;7s< to have specialised 5nowledge and understanding on a wide variety of  areas# Delegated power is also necessary

to ena"le a particular minister or 

 "ody of people to issue laws to deal with emergencies and unforeseen contingencies# 7assing an +ct of 7arliament is a particularly lengthy process and therefore unsuita"le to deal with emergencies# There

are

numerous

concerns

over

the

contri"ution

of

delegated:

secondary:su"ordinate legislation as a source of law in the 9=# The "ul5 of  reform via DL is alarming e#g# -33 +cts to 1333 pieces of DL and the concerns are *ustified# Delegated legislation %DL& is a generic term for legislation which is passed "y a su"ordinate "ody to whom 7arliament has delegated law ma5ing  powers# +t a higher level$ DL passed "y the 7rivy Council or ca"inet ministers or ministers are called !rders in Council$ Statutory Instruments and ;inisterial Regulations whereas DL issued "y Local Councils are called >"y laws