SS1 Third Term Government Lesson Note – Delegated Legislation

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WEEK 6

TOPIC: DELEGATED LEGISLATION

CONTENT:

1. Meaning of Delegated Legislation
2. Forms of Delegated Legislation
3. Control of Delegated Legislation
4. Advantages and Disadvantages of Delegated Legislation

Meaning of Delegated Legislation

Delegated Legislation may be defined as laws, rules and regulations made by other bodies or persons other than the legislature. The legislature delegates part of its law-making function to individuals, groups of individuals, ministries, corporation, local governments etc. The complicated nature of government activities have made it difficult for the legislature to take care of all law making responsibilities in the country which is its primary function. Due to this fact, some of the law-making responsibilities have to be transferred or delegated to some persons or bodies apart from the legislature.

Forms or types of delegated legislature                                                                       

1. Orders in council: This is the power given to the head of states to make laws. This type of power is delegated to British monarch to make laws. Which includes the power of proclamations?
2. Bye-laws: These are rules and regulations made by local government authorities’ public corporations and other similar bodies for smooth running of the government in the state.
3. Provisional orders: These are laws made by ministers which may be temporally for a while before such laws are confirmed by the parliament. They are laws and rules conferring powers upon individual authorities or other bodies made by a minister as authorized by the acts of parliament to carry out certain assignments.
4. Statutory Instruments: This is also known as ministerial order. They are issued by a minister or commissioner under the authority conferred on him by the legislature.
5. Special procedure orders: The minister makes the order and presents it to the parliament. The order comes into force after fourteen days, unless petitions of a general objection have been lodged against it by members of the public.

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