DELEGATED LEGISLATION

SS1 GOVERNMENT
3rd Term
3nd Week

DELEGATED LEGISLATION
Definition: Delegated legislation is law made by some person or body other than parliament, but with the permission of parliament. The authority is laid down in a parent act of parliament, known as an enabling Act which creates the structure of the law and then delegates' powers to others to make more detailed law in the area. 
Types
1.       Orders In Council
The President, Queen or Privy Council has the authority to make orders in the council. The Privy Council is made up of the prime minister, and other leading members of the government. This type of delegated legislation effectively allows the government to make legislation without going through parliament. The President, Queen or Privy Council has power to make law in emergency situations.
2.       Statutory Instruments
Statutory Instruments refers to the rules and regulations made by government ministers. They are given authority to make regulations for areas under their particular responsibility. A good example of what this means is that the minister of education is able to make laws concerning school curriculum, while the minister for transport is able to deal with necessary road traffic regulations.
3.       Bye laws
Bye-laws can be made by the local authorities to cover matters within their own area. Local bylaws can involve traffic control, such as parking restrictions. Bylaws can also be made by public corporations and certain companies for matters within their jurisdiction which involve the public. This means that bodies such as the Nigerian Airports Authority and the Nigerian Railways Corporation can enforce rules about public behaviour on their premises. E.g. to ban smoking in the airport.

Reasons for delegated legislation
1.       To allow professionals deal with areas that require technical know-how
2.       To meet up with emergency requirement
3.       To spare the parliament the troubles of small details of complex regulations
4.       To increase political participation by involving the locals in law making
5.       To leverage its flexibility to suite changing circumstances. i.e. immediate changes can be made when unforeseen situations surface.  
Merits
1.       It saves time
2.       It is flexible
3.       It reduces the written constitution to basic laws of the state
4.       It helps in emergency situations
5.       It involves more persons in the business of law making
6.       It fits in to the peculiarity of the locality e.g. in culture
Demerits
1.       It is prone to abuse
2.       It takes law making away from democratically elected legislators and allows non-elected people to make the law.
3.       It exposes the incapability of the elected legislators
4.       Due to its flexibility to changing situations, it is difficult to know the present law
5.       Technical terms used in special cases might hinder its being understood by ordinary citizens

Control of delegated legislation
1.       By establishing an enabling act which sets the boundaries, within which delegated legislation is to be made. 
2.       By the joint select committee on statutory instruments called the scrutiny committee. This committee reviews all statutory instruments and, where necessary, draws the attention of the house to points that need further consideration.
3.       By challenging it in the courts on the ground that it is ultra vires. i.e. it goes beyond the powers which the parliament has granted in the enabling act.

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