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Delegated Legislation. Can it be considered an effective form of law making? Thank you!

2007-10-21 15:28:44 · 4 answers · asked by Anonymous in Politics & Government Law & Ethics

4 answers

Delegated legislation is a form of binding legislation, made pursuant to a person who's been given delegated authority. This is an effective form of law making as it saves time on parliament from having to go through legislation step by step e.g. in the form of regulations. Although there is caution because it allows people who have not been elected into parliament to make binding legislation this is outweighed by the cautionary measures in place e,g in NZ under the Acts and Regulations Publications Act 1989 each form of delegated legislation must contain a reference to the law which allowed the authority for the delegation legislation to be made, there is a Regulations Review Committe which allows delegated legislation to be judicially reviewed.

2007-10-21 15:44:38 · answer #1 · answered by shon0star 1 · 0 0

Yes delegated legislations are formal legislations, hence form part of the law. They are a form of subordinate legislations that are made secondary to the primary Acts in order for the smooth carrying out of the objectives in the main Act. They are usually made by executive bodies, power of which is granted by the primary Act.

2007-10-21 15:40:18 · answer #2 · answered by Anonymous · 0 0

I am not entirely sure what you mean by delegated legislation. I understand it as referring to the executive as the office responsible for doing something, and then the executive delegates it to a given department or agency or the like.

It would not be effective for the law to be directed to a specific department, since (in theory at least), the executive has control over the department, and this is counter to seperation of powers.

2007-10-21 15:34:27 · answer #3 · answered by cattbarf 7 · 0 0

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2016-12-18 13:59:06 · answer #4 · answered by jowers 4 · 0 0

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