Delegated Legislation

Paper Summary:

This paper argues that delegated legislation within the United Kingdom is fraught with a number of perils. While it is expeditious and practical delegated legislation also can unwittingly expand the powers of the state to an intolerable degree and can diminish the legislative role of Parliament, for example. It claims that delegated legislation can endanger due process principles and can potentially threaten the concept of judicial stare decisis.

From the Paper:

"The following paper will argue that delegated legislation within the United Kingdom is fraught with a number of perils. Specifically, while it is expeditious and practical, delegated legislation also can unwittingly expand the powers of the state to an intolerable degree and can diminish the legislative role of Parliament. More than that, delegated legislation can endanger due process principles and can (potentially) threaten the concept of judicial stare decisis. Therefore, as much as possible, delegated legislation should be avoided except in instances where the business of governance is such that it is impossible to do without it. With this in mind, it is to a ..."

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