Control of Delegated Legislation

Delegated Legislation can be controlled in the following ways;

(i) Legislative Control:

(a) The Act of parliament which confers such power on non-legislative bodies is not to exceed the powers provided in such Acts.

(b) All the legislation designed through delegated powers must be approved by the legislatureThe legislative branch of government is responsible for making laws within a country. Legislatures are made up of people called legislators who, in democracies, are elected by the country’s population More.

(c) Legislature can abolish any law it is convinced will limit the liberty of citizens.

(ii) Judicial Control:

The judiciaryThe judicial branch of government refers to a country’s court system. Judiciaries are responsible for interpreting and applying a country’s laws in particular cases, and can also be invested with the... More can receive and declare any delegated legislation, null and void or unconstitutional.

(iii) Administrative Control:

(a) The executiveThe executive, also referred to as the executive branch or executive power, is the term commonly used to describe that part of government which enforces the law and has overall responsibility... More can set up a committee of enquiry to probe the activities of bodies which exercise delegated powers.

(b) The executive can set up a public complaints commission to investigate any arbitraryAn arbitrary rule, action or decision often seems unfair because it is not based on any principle, plan or system. An arbitrary legal judgment is a decision made at the discretion... More use of delegated power.

(iv) Public Control:

(a) The press through constructive criticism can control delegated legislation

(b) The criticism from the general public, pressure groupsPressure groups are a group of people who work together to persuade a government or other authority to do something, for example, to change a law. They actively work together to... More, and public opinion is also a form of control.

(c) Publicity: Any order or regulation made through delegated legislation must be made known to the public. The public needs to be aware of its existence for acquired persons to challenge or raise an objection.