Delegated legislations : Reasons for growth
Delegated Legislation: Reasons for Growth
What is Delegated Legislation?
Delegated legislation (also called secondary or subordinate legislation) is law made by an authority other than the legislature, but with the legislature’s authority under an enabling Act.
Reasons for the Growth of Delegated Legislation
Technical Complexity
Modern laws often require detailed and technical rules that Parliament lacks the expertise to draft (e.g., environmental regulations, safety standards). Delegated legislation allows specialists or experts to make detailed provisions.
Volume of Work
Parliament has limited time and cannot deal with every small detail or rapidly changing circumstances. Delegated legislation relieves Parliament’s burden by letting ministers or agencies handle detailed rules.
Flexibility and Speed
Secondary legislation can be made, amended, or repealed much faster than primary legislation. This flexibility is essential in fields where rapid changes are necessary, such as finance, health emergencies, or new technologies.
Local or Specialized Needs
Certain laws need adaptation for local or specialized circumstances. Delegated legislation allows local authorities or specialized bodies to make rules suited to local conditions or technical fields.
Emergency Situations
During emergencies (like wars or pandemics), Parliament may not be in session or able to act quickly. Delegated legislation empowers the executive to make urgent regulations.
Political Reasons
Delegated legislation allows the government to pass controversial or detailed rules without going through the full parliamentary process, which might face political opposition or delay.
Important Case Laws Illustrating Delegated Legislation Principles and Growth
1. Agricultural, Horticultural and Forestry Training Board v. Aylesbury Mushrooms Ltd. (1972)
Facts: Regulations required consultation with affected parties before making rules.
Held: The delegated legislation was invalid because the consultation requirement was ignored.
Significance: Highlights that delegated legislation must comply with procedural safeguards laid down in the parent Act.
2. R v. Home Secretary, ex parte Fire Brigades Union (1995)
Facts: The Home Secretary refused to implement a statutory compensation scheme, relying instead on delegated legislation.
Held: The court held that the Home Secretary acted ultra vires by not implementing Parliament’s scheme.
Significance: Delegated legislation cannot be used to frustrate the intentions of the enabling Act.
3. Tito v. Waddell (No. 2) (1977)
Facts: Challenged a statutory instrument made under an Act affecting land rights.
Held: The court scrutinized the limits of delegated powers.
Significance: Emphasizes that delegated legislation cannot exceed the scope of authority granted by the parent Act.
4. Smith v. East Elloe Rural District Council (1956)
Facts: A by-law regulating footpaths was challenged as unreasonable.
Held: The by-law was held valid because it was reasonable and within statutory powers.
Significance: Shows delegated legislation must be reasonable and within the delegated authority.
5. Raymond v. Honey (1983)
Facts: A police officer used delegated powers to stop a vehicle, and the legality of the delegated power was questioned.
Held: The court upheld the validity of delegated powers but noted limits.
Significance: Confirms that delegated legislation must be exercised lawfully and within boundaries.
Summary of Reasons and Principles
| Reason for Growth | Explanation | Case Illustration |
|---|---|---|
| Technical Complexity | Specialists needed for detailed laws | Aylesbury Mushrooms |
| Parliamentary Time-saving | Parliament cannot manage all detailed rules | Fire Brigades Union |
| Flexibility & Speed | Quick response to changing circumstances | Tito v. Waddell |
| Local Adaptability | Local needs require local legislation | Smith v. East Elloe RDC |
| Emergency Powers | Urgent situations require immediate action | Raymond v. Honey |
| Political Convenience | Avoid parliamentary gridlock on controversial rules | Seen broadly in practice |
Final Notes:
Delegated legislation has grown as a practical necessity for efficient governance in complex societies. However, judicial review and parliamentary controls exist to prevent abuse and ensure accountability.
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