16. Delegated Legislation

Abstract

This chapter deals with delegated legislation and the extent of its constitutional propriety. It begins with an overview of the enabling provisions in primary legislation in order to understand the permitted content and nature of the resultant delegated legislation. It then considers enabling provisions known as ‘Henry VIII clauses’, which authorize delegated legislation that amends or repeals primary legislation, as well as the extent of delegated powers. It also discusses the making of delegated legislation, from publication to consultation, legislative and administrative measures of delegated legislation, and the role of Parliament in making delegated legislation. Finally, it reviews parliamentary scrutiny of delegated legislation as well as judicial scrutiny and the general principles of judicial review.