Considering the extent of delegated legislation discuss the adequacy of existing safeguards over its potential misuse.


  • Delegated legislation is law made by the executive when the Parliament has given legislative powers to the executive by statute.
  • An advantage of this is that parliamentary time may be allocated more effectively if the enabling statute concentrates on the general principles and provisions.
  • However, it undermines the separation of powers by giving too much legislative power to the executive especially where the rights and obligations of the general public are concerned.
  • Parliament can require the delegated legislation to be laid before Parliament and that it not come into effect until Parliament approves it – either by an affirmative resolution, or by the lapse of a specific period without the legislation having been disallowed.
  • The delegated legislation may come into immediate effect, but may be disallowed by the Parliament within a specified time.
  • There is no parliamentary system of regular review of existing delegated instruments to see if they are still required, and sunset clauses are very rare.

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