THE CONSTITUTIONAL SIGNIFICANCE OF DELEGATED LEGISLATION IN ENGLAND

Authors

J. A. G. Griffith, University of London

Abstract

The Committee on Ministers' Powers defined delegated legislation as the "exercise by a subordinate authority, such as a Minister, of the legislative power delegated to him by Parliament." This definition followed logically from the terms of reference which required the Committee to report "what safeguards are desirable or necessary to secure the constitutional principles of the sovereignty of Parliament and the supremacy of the Law."' Behind these two statements lie certain assumptions which coloured the Report of the Committee and influenced its recommendations. One of these assumptions is that Ministers of the Crown are "subordinate" to Parliament so that any great increase in their powers may threaten Parliamentary sovereignty. A second assumption is that the phrase "legislative power" of Parliament is self-explanatory and free from ambiguity. These two assumptions are closely connected for they appear to answer implicitly the questions of the relationship of the Executive to Parliament and of the functions which the latter body performs under the Constitution today.

Recommended Citation

J. A. Griffith, THE CONSTITUTIONAL SIGNIFICANCE OF DELEGATED LEGISLATION IN ENGLAND, 48 Mich. L. Rev. 1079 (1950).
Available at: https://repository.law.umich.edu/mlr/vol48/iss8/3