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Delegated Legislature/Legislation And Types





DELEGATED LEGISLATION
THE MEANING OF DELEGATED LEGISLATION
Delegated legislation refers to the laws, regulations, and rules made by non- legislative bodies under the powers granted by the parliament. It could be in the form of ministerial orders, local government bye-laws, or regulations made by other government agencies other than legislature.

TYPES OF DELEGATED LEGISLATION. They are;

1. MINISTERIAL ORDERS AND REGULATIONS: These are laws, rules, and regulations which emanate from ministers.

2. BYE- LAWS: These are laws, regulations, and statutory orders emanating from local government authorities.

3. DEPARTMENTAL ORDERS: These are regulations and statutory orders made by non- legislative government agencies other than local government authority and ministers.



4. ORDER – IN-COUNCIL: This type originated in Britain and were issued by virtue of the prerogative powers of the Monarch. In modern times, they are issued by the president/Head of State but require prior authorization by the legislature.

ADVANTAGES OF DELEGATED LEGISLATION.
1. The heavy workload of parliament is reduced.
2. It is required when there is a need for a speedy legislative process.
3. It is necessary because of the technical nature it possessed.
4. It is flexible during the emergency period.
5. The legislature has less time for and is less equipped for detailed analysis.
6. It is more suitable for experimentation because of its flexible nature.



DISADVANTAGES OF DELEGATED LEGISLATION
1. It negates the principles of separation of powers.
2. It tends to erode the legislative function of parliament.
3. It violets the principle of rule of law
4. It may infringe on individual liberty
5. There is a lack of effective parliamentary scrutiny.
6. There are poor constitutions with appropriate individuals or groups.

EVALUATION: ANSWER THE FOLLOWING QUESTIONS;
1. Define delegated legislation
2. State any two types of delegated legislation
3. Discuss any two advantages and disadvantages of delegated legislation

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