Introduction to Delegated Legislation and it’s Judicial Control

  • Manas Shrivastava
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  • Manas Shrivastava

    Student at Amity Law School, Noida, India

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Abstract

Delegated legislation, a mechanism through which legislative bodies delegate authority to administrative agencies or other governmental bodies to implement and administer laws, has become an indispensable tool in modern governance. While it offers flexibility and efficiency in responding to complex and evolving regulatory needs, it also raises concerns regarding accountability, democratic legitimacy, and the potential for abuse of power. This analytical study aims to explore the nature of delegated legislation, its significance in contemporary governance frameworks, and the mechanisms of judicial control established to ensure its legality and conformity with the principles of constitutionalism. Through a comprehensive review of legal literature, statutes, and judicial precedents, this study will examine the various forms of delegated legislation, ranging from subordinate regulations to executive orders, and assess the scope and limits of judicial oversight in different jurisdictions. By analyzing landmark cases and theoretical perspectives, this study seeks to provide insights into the evolving dynamics between legislative and judicial institutions in the context of delegated legislation, with a focus on balancing regulatory flexibility with the rule of law. The findings of this study aim to contribute to the scholarly discourse on administrative law and governance, offering policymakers and legal practitioners a nuanced understanding of the complexities surrounding delegated legislation and its judicial control.

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Research Paper

Information

International Journal of Law Management and Humanities, Volume 7, Issue 2, Page 3018 - 3035

DOI: https://doij.org/10.10000/IJLMH.117370

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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