Delegated legislation refers to laws or regulations that are created by an individual or body under powers given to them by an Act of Parliament. It is an essential part of the legislative process as it allows for laws to be made without having to pass a new Act through Parliament.
There are several ways in which delegated legislation can be regulated effectively:
1. Ministerial Control: This involves the supervision and management of delegated legislation by the ministers who have been given the authority to create these laws. Ministers often have the power to approve, amend, or annul delegated legislation, ensuring that it aligns with the broader legislative intentions of the government.
2. Legislative Control: Parliament retains some degree of control over delegated legislation through various mechanisms. For example, delegated legislation may be subject to an affirmative resolution, requiring explicit approval by Parliament. Alternatively, there might be a negative resolution procedure, where the legislation automatically becomes law unless Parliament explicitly rejects it within a certain timeframe.
3. Executive Control: This refers to the oversight exercised by the executive branch, which includes government departments and agencies. They ensure that delegated legislation is consistent with existing policies and does not overstep the boundaries set by the parent Act. The executive may also conduct reviews and update the delegated legislation as necessary.
4. Judicial Control: The judiciary plays a crucial role in ensuring that delegated legislation is within the limits of the authority granted by the enabling Act. Courts can conduct judicial reviews to determine whether delegated legislation is valid. If a court finds that the legislation goes beyond the powers given or is unreasonable or oppressive, it can declare it invalid.
In conclusion, the regulation of delegated legislation is ensured through the combined efforts of ministerial, legislative, executive, and judicial controls, each serving as checks and balances to maintain proper legal and administrative order.