DMPQ: Delegated Legislation is against the ethos of democracy. Critically analyse.

  • Delegation of powers means the powers passed on by the higher authority to the lower authority to make laws. Delegated legislation means the powers given by the legislature to the executive or administration to enact certain laws.
  • The simple meaning of the expression “delegated expression” may be: When the function of the legislation is entrusted to organs other than the legislature by the legislature itself, the legislation made by such organs is known as delegated legislation.
  • Delegated legislation, also referred to as secondary legislation, is legislation made by a person or body other than Parliament. Parliament, through an Act of Parliament, can permit another person or body to make legislation.
  • An Act of Parliament creates the framework of a particular law and tends only to contain an outline of the purpose of the Act.
  • By Parliament giving authority for legislation to be delegated it enables other persons or bodies to provide more detail to an Act of Parliament.
  • Parliament thereby, through primary legislation (i.e. an Act of Parliament), permit others to make law and rules through delegated legislation.
  • The legislation created by delegated legislation must be made in accordance with the purpose laid down in the Act.

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