Control of delegated legislation by legislature
Control of Delegated Legislation by the Legislature
What is Delegated Legislation?
Delegated legislation refers to rules, regulations, orders, or by-laws made by an administrative authority or agency under powers conferred by the legislature through a parent or enabling statute. Since the legislature delegates its law-making power, it retains control to prevent misuse or overreach.
Importance of Legislative Control
Because delegated legislation can affect citizens’ rights and freedoms, the legislature exercises various controls to:
Ensure that delegated legislation stays within the limits set by the parent statute.
Prevent abuse of delegated authority.
Maintain democratic oversight and accountability.
Safeguard procedural fairness.
Methods of Legislative Control over Delegated Legislation
Enabling/Parent Act
The statute confers limited powers, and all delegated legislation must conform to these powers.
Publication and Gazetting
Delegated legislation must be published so the public and legislators can review it.
Scrutiny Committees
Parliamentary committees examine delegated legislation for legality, propriety, and policy.
Affirmative and Negative Resolutions
Affirmative resolution: Delegated legislation requires explicit parliamentary approval.
Negative resolution: Delegated legislation becomes law unless specifically annulled by the legislature.
Judicial Review
Courts can invalidate delegated legislation that exceeds authority or violates fundamental rights.
Laying before the Legislature
Many statutes require that all delegated legislation be laid before the legislature for a certain period.
Landmark Cases Illustrating Control of Delegated Legislation
1. R. v. Home Secretary, ex parte Fire Brigades Union (1995)
Facts: The Home Secretary delayed implementing compensation schemes authorized by Parliament.
Issue: Can the executive delay or refuse to exercise delegated legislative powers granted by Parliament?
Ruling: The Court held that the executive must exercise delegated powers according to Parliament's intent and cannot frustrate the purpose.
Significance: Reinforced the principle that delegated legislation must be exercised faithfully and subject to legislative control.
2. Smith v. East Elloe Rural District Council (1956)
Facts: Challenge against a by-law made under delegated legislation.
Issue: Can delegated legislation impose penalties exceeding the parent Act’s limits?
Ruling: The Court held that delegated legislation cannot go beyond the scope of the parent Act, including penalty limits.
Significance: Emphasized ultra vires doctrine — delegated legislation beyond statutory authority is void.
3. Ahmedabad Municipal Corporation v. Nawab Khan Gulab Khan (1965)
Facts: The issue concerned the validity of delegated legislation made without proper authority.
Issue: Can improper exercise of delegated powers be challenged?
Ruling: The Court invalidated the delegated legislation as it exceeded the scope and procedure mandated by the parent Act.
Significance: Confirmed judicial control as a means to check delegated legislation.
4. Curtis v. Minister of Health (1951)
Facts: The Health Minister made regulations under statutory powers.
Issue: Whether delegated legislation that contradicts the parent statute is valid.
Ruling: The Court declared such contradictory delegated legislation invalid.
Significance: Clarified that delegated legislation must be consistent with enabling statutes.
5. Attorney General v. Fulham Corporation (1921)
Facts: The corporation created a laundry without explicit statutory authorization.
Issue: Can delegated legislation authorize activities beyond the power granted?
Ruling: The Court held that such action was ultra vires and invalid.
Significance: Early articulation of limits on delegated legislative powers.
Summary Table
| Case | Key Issue | Holding / Significance |
|---|---|---|
| Fire Brigades Union (1995) | Executive must follow Parliament’s intent | Executive cannot frustrate delegated legislative powers |
| Smith v. East Elloe (1956) | Scope and penalty limits | Delegated legislation beyond parent Act is void |
| Ahmedabad Municipal Corp. (1965) | Improper exercise of delegated power | Courts can invalidate ultra vires delegated legislation |
| Curtis v. Minister of Health (1951) | Conflict with parent statute | Delegated legislation inconsistent with statute invalid |
| Attorney General v. Fulham Corp. (1921) | Unauthorized activity | Delegated powers must be strictly followed |
Conclusion
Legislatures maintain control over delegated legislation through a combination of statutory limits, procedural requirements, parliamentary oversight, and judicial review. These controls ensure that delegated legislation respects the boundaries set by the legislature, maintaining democratic accountability and protecting individual rights.
RELATED Blog
0 comments