The control of delegated legislation is essential to ensure that it remains within the bounds of the authority granted by the primary or enabling legislation and does not infringe on individual rights or the principles of democratic governance. Various mechanisms and bodies are typically responsible for controlling delegated legislation in democratic countries. These mechanisms help maintain accountability, transparency, and legality in the use of delegated legislative powers. Here are some common methods of controlling delegated legislation:
- Parliamentary scrutiny: This means that the legislature reviews and approves or disapproves of proposed regulations or orders. This can be done through procedures such as the affirmative or negative resolution processes.
- Affirmative resolution: Under this process, delegated legislation must be approved by the legislature (usually both houses of parliament) before it becomes law. If either house rejects the delegated legislation, it does not become law.
- Negative resolution: In this process, delegated legislation becomes law immediately upon being issued by the relevant authority. However, it can be annulled or repealed by the legislature within a specified time frame if either house objects to it.
- Committee review: They assess whether it aligns with the enabling legislation and the broader legal framework. These committees may recommend changes, amendments, or modifications to delegated legislation.
- Judicial review: Individuals or organizations can challenge the legality of delegated legislation in court if they believe it exceeds the authority granted by the enabling legislation, violates fundamental rights, or is otherwise unlawful.
- Procedural safeguards: These safeguards may include requirements for public consultation, notice, and the publication of proposed regulations. Failure to adhere to these procedures can render delegated legislation invalid.
- Ultra vires doctrine: The ultra vires doctrine is a legal principle that means “beyond the powers.” It allows courts to strike down delegated legislation that goes beyond the scope of the authority granted by the enabling legislation.
- Reviewing bodies: Some countries have specialized bodies or ombudsman offices responsible for reviewing and investigating complaints related to delegated legislation. These bodies act as independent checks on the use of delegated powers.
- Public accountability: Public awareness and advocacy can also play a role in controlling delegated legislation. Public scrutiny, feedback, and objections can lead to changes or the withdrawal of problematic regulations.