Deligated Legislations

(Mid Term Assigment)

Course Intro to Law 01

Submitted to Ms. Zainab Iqbal
Submitted by Maisoon Yousaf
Registration no 013
Semester LLB -01
Session Fall 2020
Date of submission 16 November 2020
Department of Law
Fatima Jinnah Women University, Rawalpind
 DELIGATED LEGISLATION
INTRODUCTION

1) WHAT IS DELIGATED LEGISLATION

2 ) FUNCTIONS OF DELIGATED LEGISLATION
3) TYPES OF DELIGATED LEGISLATION
3.1) RULES
3.2) BY LAWS
3.3) ORDERS
3.4) COURT DECISIONS
4)ADVANTAGES OF DELIGATED LEGISLATION
5)DISADVANTAGES OF DELIGATED LEGISLATION
6)CRITISIM IN DELIGATED LEGISLATIOMN
7)JUDICIAL AUTHOURITIES OVER DELIGATED
LEGISLATION
 8)IMPACT OF COVID 19 ON DELEGATED LEGISLATION
8.1) EMERGENCY SITUATIONS
8.2)PRESSURE ON PARLIMENTARY AFFAIRS
8.3)LACK OF EXPERTISE
9) ANALYSIS CRITISICM ON DELIGATED
LEGISLATION

10) DELIGATED AND PRIMARY LEGISLATION

11)EXAMPLE OF DELEGATED LEGISLATION
12)CLASSIFICATION OF DELEGATED LEGISLATION
13)DELIGATED LEGISLATION IN PAKISTAN
14)FACTORS AFFECTING THE DELEGATED
LEGISLATION
CONCLUSION
INTRODUCTION

1) What is delegated legislation

Deligated legislation is a type of legislation in which law is made by the people

but this law is finalized by the Parliament

According to Salmond

“Deligated Legislation is that which proceeds from an authority other than the
sovereign power and is therefore dependent for its continued existence and validity
on some superior or supreme authority ”

In this research project of deligated legislation I give a brief discussion about the critics of
deligated legislation.

2) Functions of delegated legislations

The basic need of delegated legislation is that it changes a law without having to
wait for the arrival of new upcoming statute of the parliament,which is to be issued
or to be passed .Delegated legislation also used to make changes in the law ,which
is already followed by the citizen .

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For Example

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The changes that take place in the altering of Sanctions (Punishment)

TYPES OF DELIGATED LEGISLATION

Following are the types of deligated legislation
1) Rules
2) Bylaws
3) Orders
4) Court decision
Rules
Rules making powers are on the basis that making rule.The rule making
authourity its different from regulating athourity .Rules are superior in all
context . Only acts containing rule making powers .Rules shall be made
for statute or acts.Rules are amend in the past
By laws
These are those rules that are made by local Government .Such rules and
regulations are apply within the area of authority of Local Government.
Orders
These are general orders made by an individuals or those specific bodies
that are governed by all the Ministers that are working in the government
to make such rules until or unless which are confirmed by the Parliament.
Court decision
In any kind of Decision which is compulsory matter is the decision of the
judge . Decision of judge is of behind nature as if it is an act of
Parliament also constitute delegated legislation
 ADVANTAGES OF DELIGATED LEGISLATION

1) It allows best suitable time for legislature to consider and make law on the
given policies
2) Delegated legislation allows quick responses in national periods such as
periods of striks etc
3) Deligated legislation allows local Government to come in contact with the
political system .
4) Laws that are passed under Delegated legislation is easy to understand.
5) All the Expert people are required in legislation
6) It provides flexibility
7) Parliament is not always present in the session
8) It is used on the basis of experiments
9) It can be easily be distinguished between the required party.

Disadvantages of delegated legislation

1) It violates the Principal of Separation of powers between individuals and

organizations
2) It violates liberty of citizens .
3) It violates the rule of law
4) The deligated legislation lead to state in period of emergency. There is an
increase in the chances of dictatorship .
5) It may effect judiciary and legislature
6) Deligated legislation is an undemocratic people and orginazations that
make by laws are not elected lawmaker of the people
7) It is not stable in all the constituents
8) It always fluctuate all the political changes
 9) It is opposite to the framing of the law and also weakens the legislation
rules.

CRITICISM IN DELIGATED LEGISLATION

1) To amend a law,the power of deligated lack democracy because of

maximum usage of power is governed by elected people.
2) There is a less change of Parliment in case of deligated legislation due to
which the chances of contrary in between laws can be more.
3) Through deligated legislation,law is not notified public so this creates a
problem because there is no publicity.
4) It is surveyed that maximum number of laws are amended through the
process of deligated legislation
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JUDICIAL AUTHOURITIES OVER DELIGATED

LEGISLATION
This is on the basis of

1) On the sustancial ultra vires basis

2) On the procedural ultra vires
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IMPACT OF COVID -19 ON DELIGATED LEGISLATION

Covid is the widespread global disease of 2019-2020 throughout the world. Most
of the countries of the world facing this critical disease . Covid 19 caused global
health crises of that time .This is the most greatest challenge for all the countries

1.1) Emergency situations

A very immediate actions was needed to overcome this big pandemic when
the virus was first reported. In such an emergency situations there is a
need of a system which gives us an immediate help to fight against the given
circumstances .
1.2) Pressure on the Parlimentary affairs
The virus effect every country and very few handle this situation humbly .
The Government did not have enough time to think upon this conditions and
act according .All the decision were taken haphazardly to avoid the
widespread.
1.3) Lack of expertise
Parliament members should not takle all the situations ,as these situations
are very critical in nature. There is a very important need to get all the
experts that handles all the conditions who look after them. Therefore an
expert should be hired

ANALYSIS CRITISICM ON DELIGATED LEGISLATION

1) It is argued that delegated legislation enables authorities other than
legislation to amend law for the valid function
2) It is against the spirit of democracy, as too much delegated legislation is
made by un elected people.
3) Delegated legislation subjects to less parlimentary than primary legislation,
Parliment lack of control over deligated legislation.
4) Deligated legislation lead to inconsistence in laws
5) It suffers a lack of publicity .The laws of Parliment are widely published
6) Delegated legislation can be taken away with immediate existing of legal
areas .
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Deligated and Primary legislation

Primary legislation
Primary legislation is made by Parliment,requires the cooperation of house
of lords ,house of monarch in order to be passed. Parliament make laws on a
very wide range of iisues and understandly . Parliament cannot act quickly
enough, Specially In emergency Parlimentary legislation have to go through
the whole situation in the houses as well as royal assent before coming into
force
Deligated legislation
Deligated legislation can be taken in immediate effect but it require
act of Parliament. It can be declared by the judicial review
deligated legislation make by people who are not elected.
For example By laws made by private companies, charities such as
national trust to regulate us of their land .The reason behind the
lack of publicity is large extent of legislature that is being
deligated. Law is made through delegated legislation. Deligated
legislation help in law making which is governed by the Government

EXAMPLE OF DELIGATED LEGISLATION

Example of laws that deligate legislative power
It is quite common for commonwealth legislation to deligate to the executive
the power to make certain laws. There are thousands of legislative
instrument covering a wide range of subject matter including law about food
standards, fisheries,civil aviation ,cooporations etc
1) The governor general may make regulations not inconsistence with his
act prescribing matters
a) Required or permitted by this act to be priscribed or

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 b) Necessary or convenient to be prescribed for carrying out or giving
act[29]
2) Some provisions like this will set out more fully type of regulations that
maybe made
For Example
There is considerable detail about what the regulations may do in s 63 of
the goods act 1989
3) Sometimes the provision an Act deligating legislative power is expressed
broadly and there is little substantive law in the primary legislation.This
frequently called as Skeleton Legislation The scrunity of Bills Committee
said in 2012 that framework bills were becoming increasing
prevelant[33] and that ‘important function’ should be included in primary
legislation, unless there is principled reason for included it in a deligated
legislation .[34]
4) Offensive provisions are considered particularly important ,and generally
belong in primary legislation, particularly where the penalities for
infringement are high.
5) The most important type of delegation of legislative power that is
considered inappropriate [37]
6) Government agencies and all the regulators will be one day given the
power to make delegated legislations.The commissioner of Taxation and
ASIC that runs the income tax return [41] The chances to contrary in
between laws can be moreThe chances to contrary in between laws can
be more 4

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 The number of all the possibilities which is governed by the state when it is
in expanding form this requires all the laws and this is not possible for all
the parliamentary affairs to have less time in every matter.
It is not possible for the parliamentarians to look after everything as in this
case certains provisions are required as well to overcome all these system.
The process of deligated legislation helps the executives to make all the
possible laws according to the given situations.
It is even not possible for the legislative to give an urgent result bof a given
problem Delegated legislation is made by the parliament but on some extent
it requires the house of lords or the house of monarch. As parlimant makes
the law on a wide range of issues and understandably But Parliament at the
same time did not give quick responses

CLASSIFICATION OF DELIGATED LEGISLATION

It gives powers to convert all the acts into actions respectively than
according to this the state Government overcome the in the form of official
guzzarte
All the rules that are designed in such a way to implement . This is done by
all the executive body . All these circumstances are fulfilled by a certain
bodies. If all the conditions are fulfilled in the perfect manner than this type
of legislation is said to be as “Conditional Legislation”.

Deligated legislation in Pakistan

Subordinate legislation or deligated legislation used for all the powers that
help in making the laws . This type of legislation is governed by the
President and the Government. At this level it is termed as deligated
legislation. While the subordinate legislation is governed by all the
Divisions and Department of the Government that are under the rule of
business
Factors Affecting the DEligated legislation5

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delegate-legislative-
Deligated legislation laid in that times which is before the Parliament if it is
required by the law.like as in income ordinance which is as above
“The fedral Government shall place before National ASS all amendments
made by it in the second schedule to income tax Ordinance ,2001 in the
financial year”

Conclusion
From all the above explaination ,it is concluded that In any kind of a
decision ,which is in compulsory matter is always governed by the decision
of judge as also in case of deligated legislation there is still exist the binding
nature on the dicisions of judges . Furthurmore Deligated legislation changes
a particular law,into a new form . Delegated legislation is frequently
followed by all the citizens

ABStract
In the above mention research project about the critique to describes the
Delegated legislation in Pakistan ,here I describes what is delegated
legislation . Its advantages as well as disadvantages . At some aspects it has
a positive outlook but on the oyher side it has also a negative aspects .
deligated legislation also play an important role in legal executing. As this
type of legislation is Governed by all the Government officials such as
divisions and department of the Government . Deligated legislation leads to
amends the law, the power of delegated legislation lack democracy.