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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