Delegated Legislation – SS1 Government Lesson Note (Third Term)

Delegated legislation may be defined as laws, rules and regulations made by other bodies or persons other than the legislature but sanctioned by the legislature.

Behavioural objectives

By the end of the lesson, students should be able to:

• define delegated legislation;
• list and describe the types of delegated legislation;
• state the reasons for delegated legislation;
• state the merits and demerits of delegated legislation;
• identify the ways in which delegated legislation is controlled.

What are the types of delegated legislation?

1. Order-in-council: These are powers delegated to the British king or queen to issue orders in certain matters which have the force of law.
2. Bye-laws: These are rules and regulations made by local government authorities or local councils, public corporations and other similar bodies for the smooth running of their responsibilities.
3. Provisional orders: These are regulations and statutory orders made by non-legislative government agencies other than local government authorities and ministers.
4. Ministerial orders and regulations: These are laws, rules and regulations which emanate from the minister. In the exercise of their delegated powers to make laws, ministers have wide discretionary powers, but these must be exercised in accordance with the relevant laws.
5. Special procedure orders: These orders are also known as statutory orders and they are similar to provisional orders. Like provisional orders, they confer special powers upon local authorities or bodies, and are made by ministers as authorised by parliamentary acts.
6. Warrants: This refers to search warrants issued by senior police officers for suspected persons, and bench warrants issued by high court judges for a person to appear before the court.

Why is delegated legislation used?

1. To reduce the workload of parliament.
2. To facilitate the law-making process.
3. Some legislation is so technical that it is difficult for the legislature to pass it.
4. It is used to avoid rigidity.
5. It is used in emergency periods.
6. It is used to make adjustments to meet unforeseen and contingent matters in a country.

What are the merits of delegated legislation?

1. It saves time.
2. It is suitable for emergencies.
3. It gives room for flexibility.
4. It allows for experimentation.
5. It conforms to local needs.
6. It is easy to understand.
7. It helps to bring the government nearer to the people.

What are the demerits of delegated legislation?

1. It reduces the supremacy of parliament.
2. It is prone to abuse.
3. It is against the principle of separation of powers.
4. It makes judicial review difficult.
5. It encourages dictatorship.
6. It concentrates too much power on the executive.
7. It is a violation of the rule of law.
8. It violates fundamental human rights.
9. It is undemocratic.

How is delegated legislation controlled?

1. Parliamentary control: The parliament that delegates part of its constitutional powers to other bodies adopts some measures to check the misuse of powers.
2. Committee on statutory instruments.
3. Judicial, legal or court control.
4. Ministerial control.
5. Ministerial accountability.
6. Financial control.
7. Press criticism.

Evaluation

1. Define delegated legislation.
2. State four types of delegated legislation.
3. Give four reasons for delegated legislation.
4. State three merits and three demerits of delegated legislation.
5. Mention four ways of controlling delegated legislation.

Assignment

1. The power delegated to the king or queen is called
   A. order-in-council B. bye-laws C. proclamation D. provisional order
2. Laws made by local government are called
   A. warrants B. special procedure C. edicts D. none of the above
3. The executive is collectively responsible to the ______ for its actions.
   A. parliament B. judiciary C. civil service D. people
4. Special procedure order is also known as
   A. bye-laws B. statutory order C. order-in-council D. edicts
5. The delegation of administrative powers to the local units with central supervision and control is called
   A. devolution B. centralisation C. deconcentration D. commercialisation