The various ways a state may act to control delegated legislation can be summarized as parliamentary control, executive control, judicial control, interest group agitations, and public opinion. Inasmuch as there are very good reasons for delegated legislation, it is necessary to control legislation so that it is not abused.
In this tutorial, I will teach you how the state works to control delegated legislation. The WAEC/WASSCE Government past question below will guide this Senior High School Government notes on delegated legislation.
QUESTION: HOW IS DELEGATED LEGISLATION CONTROLLED IN A STATE?
Answer Approach
Here are the steps to follow to answer an essay question about how delegated legislation is controlled in a state.
STEP 1. Briefly define delegated legislation in your first paragraph. You can mention such types of delegated legislation as orders in council, statutory instruments and by-laws.
STEP 2. State and explain properly the first delegated legislation control measure. This is your second paragraph.
STEP 3. State and explain the second way in which delegated legislation is controlled. This is your third paragraph.
Do the same for all the points on the control of delegated legislation you intend to mention in the essay. Bear in mind that the number of points will depend largely on the nature of the question.
For the above WAEC/WASSCE Government question on the control of delegated legislation, we can mention as many as five or six points.
Your last step should be a brief concluding paragraph. This will bring the SHS Government essay to a very neat end.
CONTROL OF DELEGATED LEGISLATION
Now let’s take a closer look at how the power of delegated legislation can be limited in the modern state.
1. Parliamentary Control
It is required that certain by-laws and statutory instruments are properly laid before parliament. For example, such an order must indicate to parliament the time the law will become effective.
Additionally, a parliamentary select committee on statutory instruments works to control delegated legislation. It can draw the attention of the house to any instrument which needs further explanation. Similarly, the parliamentary select committee can question any statutory instrument which appears to have exceeded the powers conferred on it by the parent act.
2. Executive Control
Executive control of delegated legislation takes many forms. See below a couple of examples of how the executive controls delegated legislation.
Ministerial or Administrative Control
A sector minister is there to make sure that all actions of government agencies and departments conform to the laws governing them.
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Financial Control
The finance minister has the authority to control how government agencies and local governments raise and spend their revenue.
Periodic audits of the accounts of these departments are carried out to ensure that the right thing is done.
Again, the annual budgets of departments and agencies pass through a rigorous assessment process before they are approved.
3. Judicial Control
Another important way to control delegated legislation is through the judiciary. For example, through the process of Judicial Review, the supreme court has the power to say whether an executive instrument is constitutional or otherwise.
What this means is that whenever an executive action is unconstitutional or beyond the powers allocated by the parent act, the court can declare it ultra vires and call for its withdrawal.
4. Pressure Groups
Sometimes, the parent act may indicate that interest groups are consulted before rules and regulations are made under delegated legislation. Thus these bodies could express their views in order to ensure that the right thing is done.
5. Public Opinion
Finally, the general public’s reaction to a particular by-law could force its withdrawal or revision. What people say either in the traditional media or new media has a role to play in ensuring that the power of delegated legislation is not abused.
Conclusion
These then are the means by which delegated legislation is controlled.
You might also like additional study guides on Senior High School Government topics like sovereignty, the rule of law, separation of powers and democracy.
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