Creativewriting: the meaning of delegated legislation

in hive-120962 •  3 months ago 

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INTRODUCTION

Hello steemians, how are you all and welcome to my blog.todey I went to dropping a topic which is delegated legislation.

The MEANING OF DELEGATED LEGISLATION

Delegated legislation may be defined as laws, roles and regulations made by other than the legislature but sectioned by the legislature. The complicated nature and grows of governmental activities have made it difficult for the legislature to oversee and make all laws in the country which is primary function.
To facilitate this laws making process, the legislature regulates parts of its law making function to individuals, group of individuals, ministers, corporations, local government.

BODIES AUTHORITIES TO MAKE DELEGATED LEGISLATION

  • Ministers
  • Individuals
  • Corporations
  • Local government

TYPE OF DELEGATED LEGISLATION

  • Orders in council: these are powers delegated to the British or queen to issue orders on certain matters which have the force of laws orders of this nature are also know as perogative orderless and are satisfied by the council which is body that addresses the crown on governmental activities.
  • Bye- laws: these are roles and regulations make by local government authority or local council's, public corporation and other similar bodies for the smooth running of either responsibilities. These bye-laws have effects only within the area of jurisdiction of these authorities that make them.
  • Prouisional orders: these are order conpering powers upon individuals authorities or bodies made by a minister as authorised by parliamentary act's. These orders are prouisional which must be confirmed by the parliament.
  • Statutory instrument: statutory instruments are know as Ministerial orders or departmental orders. They are order or roles issued by ministers or commissions under the authority conferred on them by act's of parliament's.
  • Special procedure orders: these orders are also known statutory order and they are similar to prouisional orders like prouisional orders,they conper special powers upon local authorities or bodies made by ministers as authorised by parliamentary act's.
  • Warrant: search warrant by senior police office to support person's and bench warrant by high court judges for a person to appear before the courts to give evidences are parts of delegated legislature.

reason why delegated legislation is necessary in modern government

  • It is time savory
  • It's is suitable for emergency perianal
  • Use of experts in technical subject is also one of the reasons why it is necessary
  • It gives room for pleability
  • It concerns to local needs
  • It is easy to understand
  • It lessons the pressure on parliament
  • It helps to bring government nearest to the people
  • It also saves losts

criticisms against delegated legislature

  • It violates the principal of the rule of law÷ delegated legislation violates the principal of the rule of law which lays emphasis on the pressure of citizens
  • Leak of publicity÷the numerous bye-laws, roles and regulations been are not know for the common citizen because they are not well publicist
  • It violates the principal of powers÷ delegated legislation also violates the principal of separation of powers and the sovereignty of the legislatures
    *The executive÷ the executive may tend to grow more powerful than the legislature
  • Too many law, making bodies÷ delegated legislation involves too many law making bodies the power of judiciary to rules the activities of the legislature is make difficult
  • Abuse of power÷ this can manipulate it self. The department involved in this exercise can easily abuse such powers delegated to them
  • It is undemocratic÷ most of the laws made by some of these bodies are drawnen, and undermouate and do not have the support of the people
  • The executive could become dictatorial÷ the executive arm seems to have too much powers at it's disposal.it could make it become dictatorial
  • Parliamentary control÷ the laws make by some of these bodies and their activities may lack effective parliamentary control

control of delegated legislature

There are various methods in which the exercise of delegated legislation is controlled and these methods are÷

  • Parliamentary control÷ the parliament's has the power to control the bill. of these various bodies before such bill become laws it can equally reject laws made by these bodies in fact there are standing committees in parliament's that examine most of the statutory instruments of these bodies laid before the parliament
  • Judicial control÷ the law courts exercise control over rules and regulations make sure that these rules are made according to the prouisions of the dechere unconditional some of the laws made by these organization
  • Ministerial control÷ activities of public corporations are under the control of the minister.most of the bye-law rules and regulations made receive his attention also, the minister has the power to dissolve the board directors of most of these corporations.
  • Auditing of financial control: the financial of most public corporations are audited to enhance efficient financial management the government may send a team of auditors to perform this function.
  • Public opinion: the opinion of the public towards most of these organizations could be negative or positive for example, the opinion of the public towards pitch is negative.
    Therefore, with this negative impression of the public, government can respond positively the restructuring of the entire competition. Equally people are encouraged to let the government or problems known to the appropriate bodies.
    OMBUSOMANCE public complaints {commission}or any other body with similar expression.

HOW THE LEGISLATION AND JUDICIARY CONTROL DELEGATED LEGISLATION

The parliament that delegate part of it's constitutional functions to other bodies adopts some measures to check the uses to check the use of such powers one of such measures is by ordering that such statutory instruments be laid on the floor of the parliament for forty sitting days with these forty days, members of the house will have.

REASON FOR THE CONTROL OF DELEGATED LEGISLATURE

  • In order to forestall the dangers of mis use of Powers
  • To preserve law and order in the country
  • So that bodies with delegated powers do not useful the main function of the legislature which is law making by exciteding his limits
  • To protect bodies with powers of delegated legislation from enancting laws that will transform them to antocretic bodies
  • It serves as a way of maintaining accountability and responsibility to the public
  • It serves as a way of maintaining accountability and responsibility to the public

MERITS OF DELEGATED LEGISLATURE

  • Reduction of work load-delegated legislation has succeeded in reducing the present of work on parliament
  • Useful for emergence:in cases of an external attack, the executive can take quick decisions
  • It saves time-delegated legislation saves parliament enough time, whose legislative machinery could break down if it were to enact all laws
  • Efficiency: delegated legislation makes for efficiency
  • Suitable for emergency periods which if the parliament is to work to make laws to control emergency situations

conclusion

Thanks for reading through my post as I am still a newbie in this community.
I hope I am welcome.

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CONGRATULATIONS

This post has been upvoted with @steemcurator09/ Curated by: @weisser-rabe

Good work!

Thanks for your support I appreciate
Thanks so much

Nice post, congrate