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A study on the Control over Delegated Legislation - Emphasis on the Parliamentary Control in UK and USA -

  • Public Land Law Review
  • Abbr : KPLLR
  • 2005, 27(), pp.323-342
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

LEE IL SE 1

1강원대학교

Accredited

ABSTRACT

It was the social and economic reforms of the nineteenth century that proved to be the origin of delegated legislation on the scale to which we have now become accustomed. The number of delegated legislations in UK increased in the World War years not only the amount, but also the complexity and generality of delegated legislation. While wide delegated powers could be accepted during war or civil emergency, there was growing disquiet about their scope and number in peacetime. So Parliament wanted to have the means of control over delegated legislation, and it adopted the laying procedure.Where delegated legislation must be laid before the House there are numerous ways in which this can occur. However, four principal methods can be identified. First, the empowering legislation may simply require the subordinate legislation to be laid before the House. In such cases, the laying is simply a mechanism to inform Parliament of the content of the legislation before it becomes operative. A second form of parliamentary control is the affirmative resolution procedure. This requires the subordinate legislation to be subject to an affirmative resolution of each House or the House of Commons alone. A third form is the negative resolution procedure. Delegated legislation must be laid before Parliament after being made and that it may be annulled by either House (or the Commons only) within the period of forty days beginning with the day on which a copy of instrument was laid before it. A fourth form is to provide that a draft of instrument must be laid before Parliament for affirmative approval.

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