This document discusses delegated legislation, also known as subordinate or subsidiary legislation. It begins by explaining that delegated legislation refers to laws made by persons or bodies to whom Parliament has delegated law-making authority. Principal Acts of Parliament can enable subsidiary legislation and specify who has the power to make it. Delegated legislation allows administrative details to be implemented that ensure Acts will operate successfully.
The document then covers types of delegated legislation like regulations, statutory rules, by-laws and ordinances. It discusses the rationale for delegated legislation, including saving parliamentary time and dealing with technical or rapidly changing issues. The institutions and authorities that can make delegated legislation are also outlined, along with controls like parliamentary and judicial scrutiny.
This ppt basically covers the all aspects of delegated legislstion. it not only covers its contextual backgrounds but tries to cover its aspects in administrative law. Through this, one can be able to understand each and everything about delegated legislation. It is for the basic learners to the law students too. It identifies the principles of delegated legislation in every field and it puts more emphasis in understanding the basic law behind this concept.
Rule of Law is important topic for all entrance examination. Here we comparison of Rule of Law in India with U.S.A & England. It is very useful all law students.
This ppt basically covers the all aspects of delegated legislstion. it not only covers its contextual backgrounds but tries to cover its aspects in administrative law. Through this, one can be able to understand each and everything about delegated legislation. It is for the basic learners to the law students too. It identifies the principles of delegated legislation in every field and it puts more emphasis in understanding the basic law behind this concept.
Rule of Law is important topic for all entrance examination. Here we comparison of Rule of Law in India with U.S.A & England. It is very useful all law students.
In this ppt we discuss the basic of administrative law with separation of power. It will helpful for those students who are preparing for law entrance examination. It will be also helpful for those students who are Pursuing LLB or LLM.
Services under the union and the states Art. 308 to 323 jyoti dharm
Regulation of recruitment and conditions of services of person serving the union and the states.
Tenure of the office of members of these services
Constitutional safeguards to the civil servants
Creation of All India services.
Establishment of the service commission
Public interest Litigation- means, litigation filed in a court of law, for the protection of “Public Interest", such as Pollution, Terrorism, Road safety, Constructional hazards etc
This presentation is an attempt to explain the colourable legislation in a simple language with the limitations on it and supported by the landmark cases delivered by the apex court.
In this ppt we discuss the basic of administrative law with separation of power. It will helpful for those students who are preparing for law entrance examination. It will be also helpful for those students who are Pursuing LLB or LLM.
Services under the union and the states Art. 308 to 323 jyoti dharm
Regulation of recruitment and conditions of services of person serving the union and the states.
Tenure of the office of members of these services
Constitutional safeguards to the civil servants
Creation of All India services.
Establishment of the service commission
Public interest Litigation- means, litigation filed in a court of law, for the protection of “Public Interest", such as Pollution, Terrorism, Road safety, Constructional hazards etc
This presentation is an attempt to explain the colourable legislation in a simple language with the limitations on it and supported by the landmark cases delivered by the apex court.
Legislation and Delegated Legislations are the most common topics for the law students in Bangladesh. In Most of the cases these topics are included under the syllabus of Jurisprudence and Administrative Law.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
2. Delegated
Legislation
There emerged one of the first ‘consensual’
subjugations of power under the rule of law,
based on which Parliament later emerged from
the consent of magnates to never-ending
burdens.
A long recognised principle of the parliamentary
law is that an Act of Parliament should be
amended only by another Act.
Whoever has the competence to enact the law,
can also abrogate it.
But a Henry VIII clause acts differently – it
delegates powers further within the meaning of
roman cuius est dare, eius est dispondere (who
has the right to give, also has the right to make
rules about ways in which given can be spread
12/27/2019
3. Delegated (or Subordinate or Subsidiary) Legislation refers
to those laws made by persons or bodies to whom
parliament has delegated law-making authority.
Where Acts are made by Parliament, a Principal Act may
make provision for Subsidiary Legislation to be made, and
will specify who has the power to do so under that Act
Delegated Legislation can only exist in relation to an
enabling or parent Act
Delegated Legislation contains the many administrative
details necessary to ensure that the provisions of the Act
will operate successfully. It may be administered by
Government Departments, Local Councils or Courts.
Regulations and Statutory Rules are the most common
forms of Delegated Legislation. They are made by the
Executive or a Minister and apply to the general
population.
By-laws, and sometimes Ordinances, are made by a Local
Government Authority and apply to the people who live in
that area. Rules commonly describe procedure to be12/27/2019
4. 12/27/2019
The delegation of legislative power is an old
concern, older than the Constitution or even than
the separation-of-powers principle. According to
Locke, one of the four unbreachable boundaries
confining legislative authority was that:
The Legislative cannot transfer the Power of
Making Laws to any other hands. For it being but a
delegated Power from the People, they, who have
it, cannot pass it over to others .... And when the
people have said, We will submit to rules, and be
governed by Laws made by such Men, and in
such Forms, no Body else can say other Men shall
make Laws for them; nor can the people be bound
by any Laws but such as are Enacted by those,
whom they have Chosen, and Authorised to make
Laws for them. The power of the Legislative being
derived from the People by a positive voluntary
Grant and Institution, can be no other, than what
the positive Grant conveyed, which being only to
5. Areas of Delegated Legislation
12/27/2019
1. Procedure (court rules)
2. Mining and energy
3. Native title
4. Family law
5. Criminal law
6. Food standards
7. Civil aviation
8. Corporations
9. Superannuation
10. Taxation
11. Migration
Note: It differs with the nature of law and also legal system.
All the delegation subject matters must be specific in
organic Act. The constitutionality and legality must be
checked in order to determine the subject of delegated
legislation and also the concern agencies.
6. Rationale
12/27/2019
Practical necessity is perhaps the overriding
justification for delegated legislation. The ‘modern
state depends on reams of delegated legislation
'and therefore the ability of a legislature to
empower others to make legislation has been
described as ‘an essential adjunct to the practice
of government’.
The delegation of legislative power is ‘generally
considered to be both legitimate and desirable’ in
three situations:-
1. To save pressure on parliamentary time;
2. When the legislation would be too technical or
detailed; and
3. Where the legislation must deal with rapidly
7. 12/27/2019
(i) Lack of parliamentary time
(ii) Speed the procedure of law making in
parliament
(iii) Technicality of subject matter
(iv) Flexibility
(v) Emergency of the state
(vi) Complexity of modern administration
(vii) Need for regulation and control of financial
enterprises
(viii) What to do is determined by a legislation on
principle matter while how to do it determined
by legislation in procedural matter.
8. Types of Delegated Legislation
12/27/2019
Delegated Legislation is a term which covers the vast
amount of Legislation made by Government Agencies and
the Governor-General under authority of Acts of
Parliaments, which delegate this power to agencies. This
type of Legislation is also known as Subordinate
Legislation.
Within the broad area of Delegated Legislation the
following more specific terms are sometimes used:
There are five basis for classification:-
1. Title-Based Classification
2. Discretion-Based Classification
3. Purpose-Based Classification
4. Authority Based Classification
5. Nature-Based Classification
Regulation:- The most common form of delegated
legislation. Used for legislation of general application
emanating from a government department.
9. 12/27/2019
Rule : Legislation specifying procedural
formalities, eg court procedures such as the High
Court Rules. Published in the Statutory Rules.
Ordinance : Primary legislation of non self
governing territories, made by a federal
government department to apply to a particular
territory. Also used for the legislation of some
State local government bodies.
By-law :Made by a statutory corporation having
effect only within the area of responsibility of the
authority. Also used for the legislation of some
State local government bodies
There is also a range of other delegated
legislation which includes: Decisions,
10. Delegated Legislation Making Institutions and
Authorities
12/27/2019
Council of Ministers
Public Bodies or Corporation
State Government and Department
Local government
Judicial bodies
Government departments
Legislature
Others….
11. Control of Delegated Legislation
12/27/2019
There are controls in place in relation to
delegated legislation to ensure that those who
make law under it are doing it in an appropriate
manner.
Parliament exercises control over delegated
legislation in that when the Act of Parliament is
created, Parliament stipulate in the Act of
Parliament the parameters with regard to
delegated legislation.
There are scrutiny committees which consider
delegated legislation within a Bill as it passes
through the Houses of Parliament.
Delegated legislation is also subject to control
through the Court. A piece of delegated legislation
12. 12/27/2019
If the delegated legislation goes beyond what
Parliament intended or where the procedural
rules to be followed in relation to the delegated
legislation have not been followed. Any Court
action which is brought challenging delegated
legislation is done through the means of Judicial
Review.
If the Court finds that a piece of delegated
legislation is ultra vires then that legislation can
be declared void.
13. Constitutionality of Delegated
Legislation
12/27/2019
Position in the USA: -
Two phenomenon's operate in the USA these are:
1. Separation of Power.
2. “Delegatus non potest delegare”(Since congress was
itself a delegate, how can it delegate its power)
Position in England:
In England the Parliament is Supreme , unhampered
by any constitutional limitations with wide legislative
powers on the executive.
Parliament being supreme and it power to legislate
being unlimited, there is nothing to prevent Parliament
from delegating its legislative power to the executive
officers or other subordinate bodies. Sir Cecil Carr in
this "Delegated Legislation" quoted in the Report of
the Committee on Ministers' Powers, usually referred
to as the Donoughmore Committee, said :
14. 12/27/2019
"The first and by the far smallest part is made by the
Crown under what survives of the prerogative. The second
and weightiest part is made by the King in Parliament and
consists of what we call Acts of Parliament. The third and
bulkiest part is made by such persons or bodies as the
King in Parliament entrusts with legislative power."
Delegated legislation has been divided in the
Donoughmore Committee's Report into two classes, (i)
normal and (ii) exceptional.
The normal type is said to have two distinguishable
characteristics, one positive and the other negative.
In the normal type of delegation the "positive characteristic
is that the limits of the delegated power are defined so
clearly by the enabling Act as to be made plainly known to
Parliament, to the executive and to the public and to be
readily enforceable by the judiciary."
15. 12/27/2019
The exceptional type of delegation has been
classified by the Donoughmore Committee under four
heads, namely:-
(i) power to legislate on matters of principle and even to
impose taxation;
(ii) power to amend Acts of Parliament, either the Act by
which the powers are delegated or other Acts
(nicknamed as Henry VIII clause);
(iii) power conferring so wide a discretion on a Minister,
that it is almost impossible to know what limit
Parliament did intend to impose;
(iv) instances where Parliament, without formally
abandoning its normal practice of limiting delegated
powers, has in effect done so by forbidding control of
the Courts.
16. 12/27/2019
Position in India
Pre Independence:
Queen v. Burah wherein the Privy Council had
validated only Conditional Legislation and
therefore as per its reasoning delegated
legislation is not permitted.
The council of the Governor General of India for
making laws and regulations was an Act to
remove the Garo Hills from the jurisdiction of the
tribunals established under the General
Regulations and Acts passed by any legislature in
British India and provided that "no Act hereafter
passed by the Council of the Governor-General
for making laws and regulations shall be deemed
17. 12/27/2019
Post – Independence
The Delhi Laws Act, 1912, giving power to the
Government to extend to Delhi and Ajmer-Marwar
with such restrictions and modifications as it
thought fit any law in force in any other part of
India, was held intra vires.
The case also discussed the validity of the law
empowering the Government to extend to part C
States any law in force in a part A state and to
repeal existing laws.
It was held ultra vires under article 143 of the
Constitution asking the Court's opinion on the
three questions submitted for its consideration
and report.
18. Judicial Control of Delegated
Legislation
12/27/2019
On the ground of Ultra Vires- Substantive and
Procedural ultra Vires (Vires is Latin and is
defined as powers)
On the ground of Constitutionality
Its opposite, an act done under proper authority,
is intra vires ("within the powers"). Acts that
are intra vires may equivalently be termed "valid"
and those that are ultra vires "invalid".
19. Condition for Ultra Vires
12/27/2019
Excess of the power conferred by the organic Act.
Conflicting with the Enabling Act
Conflict with the perceived procedure of the
Enabling Act or failure to comply procedure of the
Enabling Act
Unreasonable, arbitrary and discriminatory
If malafide intention
Encroaches upon the right of the citizens derived
from the common law in the absence of an
express authority in the Enabling Act
Conflicts with the terms of some other statutes.