delegated legislation in Pakistan

1. 
Criticism:
Montesquieu theory of Separation of Power
Delegates Non Potest Delegare :
A Delegate cannot further Delegate
Unless Contrary Intention appears
Publication:
Rules must be published in the Official Gazette.
Delegated Legislation in USA :
o In Theory o In Practice
In Theory:
Delegated Legislation is not acceptable
o Separation of Power
o A Delegate cannot further Delegate
In Practice:
Supreme Court of USA is liberal
That congress lay down the general policy and the standard
Then the concerned agencies will fill in the blank
Delegated Legislation in Pakistan:
Permissible both in Theory as well as in Practical
Subject: Administrative law
Standard: LL.B second year
Topic: Delegated legislation
MUNIR HUSSAIN KTK
Lecturer
UNIVERSITY LAW COLLEGE
QUETTA
www.facebook.com/pages/Corridor-to-Commercial-Law
Objectives
 Presumption
 Delegated legislation
- USA
- Pakistan
 Criticisms
 Merits and Demerits
Delegated
Legislation
Article
87
Article
41
Article
67
Article
154
Article
99
Article
88
Article
71(4)
Article
203j
Article
191
Article
198(6)
,
Article
208
Advantages
i. Saves limited time in
Parliament;
ii. Allow rapid change;
iii. Lack detailed or
Technical knowledge.
iv. Quick response to
new developments
v. Withdrawalor amendmenteasy.
Disadvantages:
i. Implies that Parliament has insufficient time
to scrutinize it.
ii. Parliament is not reviewing Legislation
Properly.
iii. It’s a parallel Legislation
Iv. Sub-delegation of powers a further problem
Which causes Complexity and confusion.
V . Lack of publicity, not known about by the public
vi. It is undemocratic regulations are made by
unelected people
Article
231
Article
22