INTRODUCTION

In my work I started by definitions of delegated legistration, causes of delegated legistration, types of

delegated legistration, function of delegated legistration, and also advantage and disadvantage of
delegated legistratiom.

Delegated legistration, is law that is not passed by an Act of parliament minister, a delegated person or
an entity in the united kingdom.OR it is a law a made by a person or body other than the legistrature
but with the legislature but with the legistratures authority.

DELEGATED LEGISLATION

Delegated legislation is a legislation made by subordinate authority duly authorized by an Act of the
Parliament to do so for a certain purpose and they can be orders, regulations or notice or by law. The
following are the forms of delegate legislation.

Forms of delegated legislation

According to Takwan17, delegated legislation may take several forms. They may be normal or of the
exceptional type; they may be usual or unusual; positive or negative skeleton or Henry viii clause.
Therefore delegated legislation classified into (i) title based legislation example by- laws, notification,
schemes, orders, ordinances (ii) discretion based classification that conferred on the executive to bring
the Act into operation on fulfillment of certain condition like condition or contingent legislation (iii)
purpose based legislation includes the nature and extent of power to be exercised (iv) Authority based
legislation

Reasons for delegated legislation

1. Pressure upon parliament time

It avoids overloading the limited Parliamentary timetable as delegated legislation can be amended and
or made without having to pass an Act through Parliament, which can be time consuming. Changes can
therefore be made to the law without the need to have a new Act of Parliament and it further avoids
Parliament having to spend a lot of their time on technical matters, such as the clarification of a specific
part of the legislation.

2. Technicality of experts of certain matters

Sometimes, subject matter of legislation is technical in nature. So, assistance of experts is required.
Members of parliament may be the best politicians but they are not expert to deal with highly technical
matters. These matters are required to be handled by experts. Here, the legislative power may be
conferred on experts to deal with the technical problems such as those concerning gas, atomic energy,
drugs, electricity just to mention a few.
3. Emergences

In times of emergency, quick action is required to be taken. Delegated legislation can deal with an
emergency situation as it arises without having to wait for an Act to be passed through Parliament to
resolve the particular situation. For example in times of war and in cases of epidemics (Sudden disease),
floods, inflation (increase and fall of price), economic depression (decline) and other national
emergencies, the executive is vested with extremely

4.Experiment

The practice of delegated legislation enables the executive to experiment. This method permits rapid
utilization of experience and implementation of necessary changes in application of the provisions in the
light of such experience. For example, in road traffic matters, an experiment may be conducted and in
the light of its application necessary changes could be made. The advantage of such a course is that it
enables the delegate authority to consult interests likely to be affected by a particular law, make actual
experiments when necessary and utilize the result of his investigation and experiments in the best
possible way. If the rules and regulations are found to besatisfactory, they can be implemented
successfully. On the other hand, if they are found to be defective, the defects can be cured immediately.

5.Flexible situations

Delegated legislation can be used to cover a situation that Parliament had not anticipated at the time it
enacted the piece of legislation, which makes it flexible and very useful to law-making. Delegated
legislation is therefore able to meet the changing needs of society and also situations which Parliament
had not anticipated when they enacted the Act of Parliament. E.g. bank rate, police regulations, export
and import, and foreign exchange.

6.Complexity of modern administrative law

The complexity of modern administration and the expansion of the functions of the state to the
economic and social sphere have rendered it is necessary to resort to new forms of legislation and to
give wide powers to various authorities on suitable occasions. In a country like Bangladesh, where
control and regulation over private trade, business or property may be required to be imposed, it is
necessary that the administration should be given ample power to implement such policy so that
immediate action can be taken.

FUNCTIONS WHICH CAN BE DELEGATED (PERMISSIBLE DELEGATION)

Commencement (the beginning of something.) Several statues contain an 'appointed day' clause, which
empowers the government to appoint a day for the act to come into force. In such cases, the operation
of the act depends on the decision of the government.

1.Supplying details
 If the legislative policy is formulated by the legislature, the function of supplying details may be
delegated to the executive for giving effect to the policy. What is delegated here is an ancillary function
in aid of the exercise of the legislative function.

Modificationsè Sometimes, provisions are made in the statute authorizing the executive to modify the
existing statute before application. This is really a drastic power as it amounts to an amendment of the
act, which is a legislative act, but sometimes, this flexibility is necessary to deal with the local conditions.

2.Prescribing punishments

In some cases the legislature delegates to the executive the power to take punitive

actions.

3.Inclusion

Sometimes, the legislature passes an Act and makes it applicable, in the first instance, to some areas and
classes of persons, but empowers the Government toextend the provisions thereof to different
territories, persons or commodities.

4. Exclusion

There are some statutes which empower the Government to exempt from their operation certain
persons, territories, commodities, etc. The Legislature which is burdened with heavy legislative work is
unable to find time to consider in detail hardships and difficulties likely to result in enforcing the
legislation.

5.Suspension

Some statutes authorize the Government to suspend or relax the provisions

contained therein.

6. Application of existing laws

Some statutes confer the power on the executive to adopt and apply statutes existing
in other States without modifications (with incidental changes) to a new area. There is no
unconstitutional delegation in such cases, as the legislative policy is laid down in the statute by the
competent legislature.

7 . of Rules

A delegation of power to frame rules, bye-laws, regulations, etc. is not

unconstitutional, provided that the rules, bye-laws and regulations are required to

be laid before the legislature before they come into force and provided further that

the legislature has power to amend, modify or repeal them.

FUNCTIONS WHICH CANNOT BE DELEGATED (IMPERMISSIBLE DELEGATION)

Despite the fact that the parliament have delegated power to the executive make some laws but there
are some functions which cannot be delegated (impermissible of delegation) because the essential
legislative function belong to the parliament. Section 36 of the Interpretation of the Laws Act23 provides
for the restriction of the applicability of the delegated legislation Those matter cannot be delegated
includes repeal of law modification of law, exemption, removal of difficulties, retrospective operation,
future Act, imposition of tax ouster of jurisdiction of courts, offence and penalty24, as briefly discussed
hereunder;-

1.Essential legislative functions

It is now well-settled that essential legislative functions cannot be delegated by the legislature to the
executive. In other words, legislative policy must be laid down by the legislature itself and by entrusting
this power to the executive; the legislature cannot create a parallel legislature.

2.Repeal of law

Power to repeal a law is essentially a legislative function, and therefore, delegation of power to the
executive to repeal a law is excessive delegation and is ultra vires.

3.Modification
Power to modify the Act in its important aspects is an essential legislative function and, therefore,
delegation of power to modify an Act without any limitation is not permissible.

4.Future Acts

The legislature can empower the executive to adopt and apply the laws existing in other States, but it
cannot delegate the power by which the executive can adopt the laws which may be passed in future, as
this is essentially a legislative functions

COCLUTION