2.5 Delegated legislation

Delegated legislation refers to the rules of law made by a competent subordinate body pursuant to parliament delegated power. The body or the person delegated to power draws the same power from the enabling statute/parliament statute.

Delegated legislation typically comes in various forms, including:

Regulations: These are the most common form of delegated legislation. Regulations are legally binding rules and guidelines created by administrative agencies or authorities to implement laws passed by the legislative body. They cover a wide range of subjects, from environmental protection to safety standards.
- Bylaws: Local governments often use bylaws to regulate matters within their jurisdiction, such as zoning, public health, and local ordinances. Bylaws are a form of delegated legislation.
- Statutory Instruments: In some countries, statutory instruments are a type of delegated legislation. They are used for specific purposes, such as transferring powers between government departments or making minor amendments to existing laws.Orders: Orders are specific directives issued by government officials or authorities with delegated legislative power. These are often used for temporary or emergency measures.
While delegated legislation is a valuable tool for efficient governance, it is subject to legal constraints:
1. Subsidiary to primary legislation: Delegated legislation must always be consistent with and subservient to the primary or enabling legislation that grants the authority to create it. It cannot go beyond the scope of the primary law.
2. Procedural safeguards: Many legal systems have procedural safeguards to ensure that delegated legislation is made transparently and with proper accountability. This may include requirements for public consultation, parliamentary scrutiny, or review by a legislative committee.
3. Ultra vires: Delegated legislation can be challenged in court if it is considered to be ultra vires, meaning it goes beyond the authority granted by the enabling law.