Scrutiny Of Subsidiary Legislation For Parliamentary Committees
The power to legislate is a function of parliament and, with minor exceptions, the power can be exercised by no one else without the express authority of parliament. Parliament, however, frequently enacts legislation containing provisions which empower the executive government, or specified bodies or office-holders, or the judiciary, to make regulations or other forms of instruments which, provided that they are properly made, have the effect of law. This form of law is referred to as delegated legislation, or secondary legislation, or subordinate legislation or legislative instruments.
Since at law every delegate is subject to the authority & control of the principal, Parliament through its specialised committees consequently periodically scrutinises the exercise of delegated power and the delegated legislation made by the delegates. The underlying object of parliamentary control is to keep watch over the rule-making authorities & also to provide an opportunity to criticize them if there is abuse of power on their part. Parliament consequently exercises control taking into account the framework or parameters for exercise of delegated power as contained in a parent Statute.
Therefore, the purpose of this course is to equip delegates with knowledge, skills, and competence critical for effective exercise of the roles associated with scrutiny of delegated legislation.
Members of Parliament, Senators, Parliamentary Officials and Officials serving in Committees involved in scrutiny of delegated legislation.
- Demonstrate understanding of the mandate of the Committee and the importance of committees in a legislature.
- Demonstrate an understanding of the role of the scrutiny committees.
- Critically undertake post-legislative scrutiny of the Statutory Instruments.
- Identify areas for efficiency improvement in the scrutiny of statutory instruments.
- Distinguish how scrutiny of statutory instruments is undertaken in various jurisdictions.