Law Making - Executive Flashcards
What is delegated legislation?
Legislation made in the executive arm by delegated authorities, including: Executive Council Government agencies Government departments Local government councils
What is an Enabling Act?
As regulations are made by government bodies in the executive arm, most of which are unelected, power must be ‘delegated’ to an executive authority by an elected body.
This is achieved by parliaments delegating lawmaking authority in enabling (or parent) Acts.
What are the strengths of delegated legislation?
relieves the workload of parliament
decentralises law making (primarily to elected local government councils)
can be made by people who have technical expertise
administrative convenience
to meet emergency situations
What is the process of making delegated legislation (CDAPT)
Consultation
The delegated authority must consult with the ‘community’ which the regulation will affect. eg Councils must consult local residences before a new regulation can be proclaimed.
Drafting
The Office of Parliament Counsel drafts a proposed regulation in legal form on advice from officers of the delegated authority.
Approval
The minister, cabinet or a ministerial appointee, approves the regulation for proclamation.
Proclamation
The regulation is proclaimed by Executive Council on advice of the minister and its commencement date is published in the Government Gazette.
Tabling
A state regulation must be tabled in the SA Parliament within 14 days of proclamation.
What are the weaknesses of delegated legislation?
often made by unelected government officials who are not held unaccountable to the community
often fragments the source of lawmaking eg regulations relating to the building industry
originate from a number of different agencies
often creates increased administrative ‘red-tape’ which leads to confusion and inefficiencies
access to the originators of regulations becomes more difficult
How is Delegated Legislation Supervised?
Legislative
- General parliamentary review
- Parliamentary committee system
Executive
Ministerial review
- Sunset Provision
- Government Inquiries
Office of the Ombudsman and Auditor-General
Judicial supervision
- Judicial review
- Statutory interpretation
