Safeguards and Controls on Delegated Legislation

Suppose a State Government, using a power in an Act on shops and establishments, issues a notification that shuts every shop in your area at 8 pm, although the Act never mentions closing hours. The shopkeepers are furious. Who can stop the Government? The High Court, which can strike the notification down; the legislature, which can annul it; or the public, who should have been told before it was made. This topic lists those checks and explains which one works when.

In two minutes

Delegated legislation is controlled in three ways: by the courts, which strike down rules that exceed the parent Act or the Constitution; by the legislature, through laying and scrutiny committees; and by procedural safeguards such as prior publication and consultation.

The rest of this chapter

The full explanation, the cheat sheet, every previous-year question at every mark weight, the quiz and the answer skeletons are part of Administrative Law on LexBlox Semester. Sign in to unlock the subject, or read Module 1 of Legal Language and Writing free.