1. Control over delegated
legislation:
Parliamentary Control
Judicial Control.
Judicial Review:
Power of the Superior Court to
declare any legislative or administrative act
(including a piece of delegated legislation) as null and void
(in technical legal sense “ultra vires”).
Grounds to assail Rules:
Inconsistency with the Constitution.
Conflict with parent statute.
Conflict with some other statute.
Non-conformity with the prescribed procedure and conditions.
Barring the jurisdiction of courts.
Enabling Act being ultra vires of the Constitution.
Non-satisfaction with the test of vires, reasonableness and bona fides.
Unreasonable not in the sense that it is not reasonable but if it is:
Discriminative;
Manifestly unjust;
Suffers from bad faith;
Oppressive;
Gross interference with the rights of the people that no justification
can be found in the mind of a reasonable man.
Repugnancy to the principles of natural justice.
Subject: Administrative law
Standard: LL.B second year
Topic: Control over Delegated Legislation
MUNIR HUSSAIN KTK
Lecturer
UNIVERSITY LAW COLLEGE
QUETTA
www.facebook.com/pages/Corridor-to-Commercial-Law
5th
Lecture
Objectives
To learn
i. The control over
delegated legislation
ii .Grounds to assail Rules
RulesApproval
Laying on
the table
Scrutiny
committee
Forward for
debate
