Judicial Control Over Delegated Legislation
- IJLLR Journal
- Jul 19
- 1 min read
Dhruv Parashar & Aryan Leander Wishard
ABSTRACT
In modern governance, the complexity of state functions in their broad sense has led to the decentralization of legislative powers. This is because delegated legislation has assigned the task of filling the details of the statutes enacted by legislative branch to the executive branch or administrative bodies. This method is more flexible and effective because governments can promptly meet technical and specific needs of different sectors while avoiding constant changes in legislation itself. Nevertheless, such delegation is not without dangers such as the danger of abuse, unreasonable decisions, and violation of the provisions of the constitution. The public accountability and the rule of law are two aspects that are maintained primarily by means of the judicial control of the delegated legislation. The judicial oversight plays a major role of ensuring that the executive exercises the powers vested under the enabling statute and in a legal, proportional and reasonable manner. This paper aims at discussing delegated legislation, why there is a need for judicial control, principles of such control and evaluating the level of success of courts in regulating exercise of delegated legislative powers.
Keywords: Judicial control, Delegated legislation, Legislature etc.
