Delegated Legislation

While most laws are made directly by parliament or congress (called primary legislation), not all legal rules come from this source. Many detailed rules and regulations are created through delegated legislation — also known as secondary or subordinate legislation.

Delegated legislation allows the government to make legal rules under the authority of an existing Act of Parliament. It is an efficient way to handle the technical or changing details that primary legislation cannot easily address.

What Is Delegated Legislation?

Delegated legislation refers to laws made by government ministers, departments, or other authorities, based on powers given to them by a parent or enabling Act passed by parliament.

The parent Act sets the general framework or policy, while delegated legislation fills in the specifics.

Why Use Delegated Legislation?

1. Efficiency
   Parliament doesn’t have time to pass every detailed rule. Delegated legislation allows faster law-making, especially on technical issues.

2. Expertise
   Government agencies often have the specialist knowledge needed to draft detailed and practical rules in areas like health, safety, transport, and the environment.

3. Flexibility
   Delegated legislation can be updated or changed more easily than primary legislation, which is useful in emergencies or fast-changing areas.

4. Localisation
   It allows local councils or regional authorities to make laws that suit local needs, such as traffic rules or zoning laws.

Types of Delegated Legislation

The exact terms vary by country, but common types include:

• Regulations – Detailed rules under the authority of a statute

• Orders – Often used to bring parts of an Act into force or impose special measures

• Rules – Often used by courts or professional bodies to regulate procedures

• By-laws – Local laws made by municipal authorities or other public bodies

Example: Parliament passes an Environmental Protection Act, and the Minister for Environment makes detailed regulations on pollution limits or waste disposal under that Act.

 

How Delegated Legislation Is Controlled

Because delegated legislation is made by non-elected bodies, there must be ways to ensure accountability and fairness. Common safeguards include:

• Parliamentary Oversight
  Some regulations must be approved by parliament (affirmative procedure) or can be annulled if objected to (negative procedure).

• Judicial Review
  Courts can strike down delegated legislation that goes beyond the powers granted by the parent Act (ultra vires, meaning “beyond the power”).

• Publication and Access
  Delegated legislation must be published and accessible to the public to have legal effect.

Advantages of Delegated Legislation

• Saves time in parliament

• Allows quick responses to urgent issues (e.g. public health emergencies)

• Enables detailed and technical regulations to be made by experts

• Provides flexibility and local responsiveness

Disadvantages and Concerns

• Less democratic than primary legislation

• Risk of overuse or misuse of delegated powers

• Difficult for the public to track many regulations

• May lack full parliamentary debate or transparency

Summary

Delegated legislation is law made by government bodies under powers granted by parliament. It:

• Provides detailed, technical, or local rules

• Supports the smooth functioning of primary legislation

• Must operate within legal limits and be open to review

It is an essential part of modern law-making, helping governments manage complex areas efficiently while still being accountable to the public and the courts.