Administrative Law Content
Reasons for Growth of Delegated Legislation
Delegated legislation is not a new phenomenon. Ever since the statutes came to be made by Parliament, delegated legislation also came to be made by an authority to which power was delegated by Parliament- The Statue of Proclamation, 1539 under which Henry VIII was given extensive powers to legislate by proclamations. There was, and always will be, the need for delegated legislation.
The exigencies of the modern state, especially social and economic reforms, have given rise to delegated legislation on a large scale, so much so that a reasonable fear arises among people that they are being ruled by the bureaucracy.
- Modern welfare and service state.
- Lack of Time (of legislature)
- Lack of Technicality on Subject-matter (of legislature)
- Need for Flexibility -easier to make changes than to Acts
- Need for Confidentiality until law comes into operation- legislative process may compromise confidentiality
- Emergency situation- legislature may not be in session or naturally too slow to respond
Preventive Measure- to prevent adverse situations, administration is most effective