(a) Identify three types of delegated legislation (b) Give three reasons for the control of delegated legislation.

Answer Details

Delegated (or subsidiary) legislation refers to laws made by persons or bodies other than the legislature, acting under powers conferred on them by an enabling Act of the legislature.

(a) Three types of delegated legislation

1. Orders in Council: Rules made by the executive (the President or Governor in Council) under powers granted by the legislature, often used in emergencies.
2. Ministerial orders, rules and regulations: Detailed rules made by ministers or heads of ministries to give effect to the provisions of an Act within their area of responsibility.
3. Bye-laws: Local laws made by local government councils or statutory corporations to regulate matters within their areas of authority.

(Other examples include provisional orders and rules of court made by the judiciary.)

(b) Three reasons for the control of delegated legislation

1. To prevent abuse of power: Control ensures that the bodies exercising delegated powers do not exceed or misuse the authority granted to them.
2. To keep it within the limits of the enabling Act: Control ensures that the subsidiary law does not go beyond (is not ultra vires) the powers conferred by the parent Act.
3. To protect the rights and liberties of citizens: Control safeguards citizens against oppressive or unjust rules made without proper legislative scrutiny.
4. To maintain the supremacy of the legislature: Control ensures that ultimate law-making authority remains with the elected legislature.