Legislation: Administrative Law and Statutory Instruments

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Introduction……………………………………………………………..2
Legislation………………………………………………………2 Subordinate legislation………………………………………….2 Delegated legislation……………………………………………………3 Types of Delegated Legislation…………………………………………4 Statutory instruments…………………………………………………4 By-laws…………………………………………………………….....5 Orders in Council……………………………………………………...6 Advantages and Disadvantages…………………………………………6 Advantages…………………………………………………………..7 Disadvantages………………………………………………………..9 Control of Delegated Legislation……………………………………….10

General control methods………………………………………...10
Parliamentary control……………………………………………11 Judicial control…………………………………………………. 12 Conclusion……………………………………………………………….13 References.

LEGISLATION
Introduction
Legislation is defined as the process of making laws by competent authorities i.e. the parliament at the federal level and the legislative assemblies at the state level. OR. It can be defined as action of enacting a law with respect to Acts, Bills and resolutions or similar items by Congress, a state legislature or local governing body. SUBSIDIARY LEGISLATION

Defined in Section 3 of the Interpretation Act 1967 as any proclamation, rule, regulation, order, notification, resolution, rule of court, by-law or other instrument made under or by virtue of Ordinance, Enactment and having legislative effect. It’s subject to the approval of the council, which may be given through either the positive procedure or the negative procedure. It is enacted by persons or bodies to whom the power to make the subsidiary legislation is delegated. Such persons or bodies may include presidents, ministers, local government or the Yang di- Pertuan Agong in the case of Malaysia. Like legislation, subsidiary must not contravene its principal or parent act. Otherwise it will be void for being ultra vires. Examples of subsidiary legislation include;-

Rules
Regulations and
By-laws
There are various ways that can be used to control subsidiary legislation: * Consultation
* Publicity
* Parliamentary control
* Judicial review
The advantage of subsidiary legislation becomes apparent in the event of a sudden emergency caused by political, economic or natural calamities when quick measures are required to meet the contingency.

DELEGATED LEGISLATION
It has become a common practice for Acts of Parliaments to confer on persons or bodies power to make rules and regulations for specified purposes. Acts which confer such powers are called Parent or Enabling Acts, and this process or rules made under the authority of Acts are known as Delegated legislation. An Act of Parliament creates the framework of a particular law and tends only to contain an outline of the purpose of the Act. By parliament giving authority for legislation to be delegated, it enables other persons or bodies to provide more detail to an Act of parliament. Parliament thereby through primary legislation (i.e. an Act of Parliament) permits others to make law and rules through delegated legislation. The legislation created by delegated legislation must be in accordance with the purposes laid down in the Act. Function or reasons of delegation are:

* It is used to make technical changes to the law, such as alternating sanctions under a give statute. E.g. the Insurance Companies Act 1982. * Allows the government to amend a law without having to wait for a new act of parliament to be passed. * Also by way of an example, a Local Authority has power given to them under certain statutes to allow them to make delegated legislation and to make law which suits the area. * Provides a very important role in the making of law as there is more delegation enacted each year than there are Acts of Parliament.

TYPES OF DELEGATED LEGISLATION
Although the sovereignty of parliament necessarily implies total freedom to create delegated legislation by whatever form it chooses in practice there are limited number of types of delegated...
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