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Journal articles on the topic 'Delegated legislation'

Author: Grafiati

Published: 4 June 2021

Last updated: 31 July 2024

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1

Lysenko, А. "Experience implementation delegated legislation in France." Uzhhorod National University Herald. Series: Law 1, no. 78 (August 28, 2023): 45–51. http://dx.doi.org/10.24144/2307-3322.2023.78.1.6.

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The article analyzes the history of the emergence and practice of formation, development and functioning of delegated legislation in France. The practice of implementing delegated legislation in France since the 19th century is analyzed step by step and chronologically. The institution of delegated legislation as a form of government participation in the legislative process in France is studied. Issues related to the procedure and conditions for the delegation of legislative powers in France are being studied. Based on the study of the texts of the French constitution, the legal consolidation of the procedure and conditions for the transfer of part of its powers by the parliament is considered. The methods of delegating legislative powers, the procedure for approving delegated acts and their publication are analyzed. The content of the direct and indirect way of delegating legislative powers is disclosed. The main stages of the delegation of legislative powers in France are highlighted. The practice of the V Republic of France was analyzed, where there were such situations when the President, who is an active subject of delegated legislation, refused to sign ordinances submitted to him by the Prime Minister. It has been established that in French legal literature, ordinances are considered as regulatory acts, or as acts of a mixed nature, that is, regulatory from an organic point of view and legislative from a material point of view. The practice of delegation of state powers in France at the regional and local levels was studied and analyzed, and its positive results were highlighted. The main features inherent in the delegated legislation of France are given. It is concluded that the implementation of delegated legislation in France is conditioned by the need for quick and effective competent regulation of its current legislation and its specification. In turn, delegated legislation gave the opportunity to the Parliament of France and its legislative power in general to concentrate its attention on more important issues not only in the political sphere, but also in the legal and economic sphere.

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2

Kozhevnikov, Vladimir Valentinovich. "About Delegated Legislation." SIASAT 7, no. 2 (April 9, 2022): 82–98. http://dx.doi.org/10.33258/siasat.v7i2.113.

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The problems of delegated lawmaking are considered. The author comes to the conclusion that if the domestic legal doctrine has a negative attitude to the problem of delegated legislation and there are very few examples of it, then in the countries of the Romano-Germanic and Anglo-Saxon legal families, legal science pays increased attention to this problem, and the role and importance, specific the weight of the right delegated in the system of sources of law is constantly increasing.

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3

Pünder, Hermann. "DEMOCRATIC LEGITIMATION OF DELEGATED LEGISLATION—A COMPARATIVE VIEW ON THE AMERICAN, BRITISH AND GERMAN LAW." International and Comparative Law Quarterly 58, no. 2 (April 2009): 353–78. http://dx.doi.org/10.1017/s0020589309001079.

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AbstractThis article addresses the problem of democratic legitimacy posed by the executive branch's use of delegated legislative powers. After some remarks on the need for delegated legislation and the problem of legitimation the study identifies in a comparative perspective three approaches of ensuring that delegated legislation carries sufficient democratic legitimation. A first means of democratic legitimation is parliamentary predetermination of the executive role. German law proves that the proper legislature under the Damocles sword of unconstitutionality is in many cases well able to prescribe for the executive a substantive programme of delegated legislation. A second technique of democratic legitimation is that parliament in some way participates in the rule-making procedure. German and British law show that by means of subsequent approval the proper legislature assumes political responsibility for subordinate legislation beyond the original empowerment. The US Supreme Court, however, considers the legislative veto to be unconstitutional. Therefore, American law developed a third approach to solve the problem of democratic legitimacy. American experience makes clear that the democratic legitimation of secondary legislation can also be secured by means of comprehensively involving the public in the delegated legislative process. The author assesses the different models for legitimation and explains that the different approaches suggest valuable solutions to each country's problems.

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4

Yarova, D. "Delegated legislation: a doctrinal analysis of the category." Uzhhorod National University Herald. Series: Law 1, no. 72 (November 16, 2022): 81–85. http://dx.doi.org/10.24144/2307-3322.2022.72.13.

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The article is devoted to the study of existing doctrinal approaches to understanding the concept of "delegated legislation". The relevance of the topic is determined by the new challenges facing Ukrainian society, the need for new mechanisms of rapid state response to potential changes in various spheres of social relations. The article analyzes scientific approaches to defining the category "legislation". Besides, the attention is focused on the fact that some scientists, revealing the essence of the legislation, consider subjects to be the main element, others consider the process of coordination of interests, and still others consider the final result. The article formulates a new definition of the above-mentioned concept, which provides an opportunity to pay attention to all the specified aspects. Within the framework of the study, the attention is focused on the forms of state participation in the legislation, one of which is the delegated legislation. In order to reveal its legal nature, an analysis of both the philological literature, within which the lexical-semantic meaning of the concept was established, and existing scientific approaches to the definition of the category "delegated legislation" was carried out. The article analyzes foreign literature and finds out and researches the English-language equivalents of the above-mentioned concept. The main features of the delegated legislation have been formed, among which a special attention is paid to the following: the presence of the created normative-legal act of the legal force of law; the presence of a legislative authority that is delegated, comes from the law or by direct mandate of the legislative body of the state to another body; ensuring a system of control over the implementation of delegated powers. The author's vision of the concept of "delegated legislation", which specifies the mentioned main features, is substantiated. The peculiarities of the delegated legislation are determined and the relationship with derived categories is clarified.

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5

Leila, Zhanuzakova. "LEGAL FRAMEWORK FOR DELEGATED LEGISLATION." Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan 3, no. 74 (September 27, 2023): 40–47. http://dx.doi.org/10.52026/2788-5291_2023_74_3_40.

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This article discusses the institution of delegated legislation. Despite the presence of a large number of publications on this issue in the scientific literature of the neighboring countries, this institution has practically not been studied by domestic scientists. The relevance of this topic is due to the introduction in 2022 into the Constitution of the Republic of Kazakhstan of a norm on the right of the Government to issue temporary resolutions having the force of law, in the presence of threats, provided for in paragraph 2 of Art. 62, with the simultaneous introduction of a draft law in Parliament. Although this norm is a novelty, our country has experience of delegated lawmaking. It was successfully applied during 1995, after the dissolution of the Supreme Council of the XIII convocation, although the Constitution of the Republic of January 28, 1993 recognized the Supreme Council as the sole legislative body. However, before his self-dissolution, on December 10, 1993, he adopted a special Law that granted the President temporary legislative powers. The head of state issued during that period a number of decrees having the force of constitutional or customary law. Later, the right of the President to issue legislative acts was enshrined in the national Constitution of 1995. However, he no longer used this right. The study of foreign legislation shows that the delegation of legislative powers by the parliament to the highest executive body is mainly carried out by adopting a special regulatory legal act with the consolidation of the powers of parliamentary control in relation to such acts. The constitutional legislation of Kazakhstan in this part suffers from certain shortcomings and needs to be improved.

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6

Dovgan, Xenia E. "Correlation between delegated and framework regulation in Russia and foreign countries." RUDN Journal of Law 26, no. 3 (September 7, 2022): 582–95. http://dx.doi.org/10.22363/2313-2337-2022-26-3-582-595.

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The article is aimed at studying the relationship between delegated and framework regulation based on the analysis of legal doctrine and legislation. The analysis of modern legislation indicates the modernization of the traditional foundations of legal regulation that previously existed in the state. The dynamics of social relations encourages the legislator to search for new ways of effective legal regulation. Such forms of regulation that are designed for repeated use are becoming relevant. It is determined that the main form of interaction between framework and delegated regulation is the framework legislation. The features of each type of legal regulation designate the content of its forms (sources); within the framework of delegated regulation, framework legislation acts as its element, ensuring the transfer of legislative powers. The features of “framework legislation” and its place in the system of sources of delegated regulation are in the focus.

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7

Van Rensburg, L. J. "Die aard van wetgewende diskresies by die Suid-Afrikaanse uitvoerende gesag." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 3, no. 2 (July 10, 2017): 25. http://dx.doi.org/10.17159/1727-3781/2000/v3i2a2887.

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This article focuses on the nature of legislative discretions in the hands of the executive authority of the state.Relevant concepts are analysed, followed by an exposition of the position regarding delegation of legislative authority to the executive under the previous constitutional dispensation when the country had a sovereign Parliament. This is followed by a discussion of the legal position in Germany, which shows similarities to the situation in South Africa. It appears that differences in approach to the problem exist worldwide, but one similarity is to be found in all, namely that a complete parliamentary abdication of legislative authority is always disallowed. What follows from this is that South African law seems to follow the German example regarding the delegation of legislative powers. It seems that the South African Constitutional Court considers the delegation of essential legislative authority as undesirable. Limits have to be placed on the extent of Parliament's competencies pertaining to legislative delegation. Furthermore the manner and form requirements in the Constitution must be met when legislation is adopted. This however does not occur in all instances of legislative delegation to the executive authority. When legislative delegation takes place, it is consistently done by granting the executive the authority to adopt subordinate legislation, which in any event has the same legal effect as legislation of Parliament itself.Next the Transitional Constitution of 1993 is considered against the background of relevant case law. It appears that the legal position was not changed by the promulgation of the ("final") Constitution of 1996. Empowering legislation that delegates any legislative authority must lay down guidelines providing direction regarding the exercise of the delegated authority. Delegated legislation may of course not contain substantive norms.Like the German Bundesverfassungsgericht, the South African Constitutional Court seems to require empowering legislation to lay down the content, extent and purpose of the empowering provisions before it will enjoy legal effect. This content, extent and purpose will not primarily be evident from the delegated legislation, but must be contained in the empowering legislation itself. If this is not the case, the delegation of authority will have exceeded constitutional limits. Therefore, a wide delegation of legislative authority without limitations regarding its exercise, at least as far as content, extent and purpose are concerned, will without doubt be unconstitutional.

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8

Sjarif, Fitriani Ahlan. "Delegated Legislation Making Models in Indonesia within 1999-2012." Pandecta Research Law Journal 18, no. 1 (June 23, 2023): 133–49. http://dx.doi.org/10.15294/pandecta.v18i1.44476.

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Based on the UUD 1945, delegated legislation in Indonesia is Government Regulations made by the President. The making of delegated legislation from 1999 to 2012 has shown some development in how delegated legislation is made. Therefore, this article shows three traditional models of delegated legislation in Indonesia between 1999 to 2012 that are different from the stipulations provided within the UUD 1945. Practice shows that there are 3 traditions of delegation legislation making models in Indonesia. Such tradition is not in accordance with the provisions in the Indonesian constitution. Therefore, it is necessary to control the delegation of Laws in Indonesia by selecting government regulations as delegated legislation.

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9

Shindina, A. V. "Some Issues of the Implementation of Delegated Legislation as a Way to Improve the Current Legislation." Pravo istoriya i sovremennost, no. 4(17) (2021): 153–58. http://dx.doi.org/10.17277/pravo.2021.04.pp.153-158.

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The article comprehensively investigates the constitutional and legal nature of the institution of delegated legislation. The author raises the question of the possibility of implementing the institution of delegated legislation into the existing system of separation of powers, enshrined in the current Constitution of the Russian Federation. The author considers the possibility of implementing the delegation of powers in terms of the development of regulatory legal acts, as well as the exclusive right to implement delegated legislation, as one of the ways to improve the current legislation. The paper emphasizes the relationship between the quality of the law-making process and the possibility of effective transformations in modern Russia. Examples of the implementation of the institution of delegated legislation both in a number of foreign countries and in Russia are given. The author not only substantiates the need for the development of delegated legislation, but also separately studies the issue of creating professional lawmaking.

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10

Chae, Mikang. "Parliamentary Control of Delegated Legislation." European Journal of Law Reform 23, no. 1 (April 2021): 95–114. http://dx.doi.org/10.5553/ejlr/138723702021023001004.

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11

Seon-Teak Kim. "Parliamentary Control of delegated Legislation." Public Law Journal 16, no. 4 (November 2015): 95–124. http://dx.doi.org/10.31779/plj.16.4.201511.004.

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12

Mureinik, Etienne. "Fundamental Rights and Delegated Legislation." South African Journal on Human Rights 1, no. 2 (January 1985): 111–23. http://dx.doi.org/10.1080/02587203.1985.11827672.

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13

Fatih, Sholahuddin Al, Muchamad Ali Safaat, Aan Eko Widiarto, Dhia Al Uyun, and Muhammad Nur. "Understanding Delegated Legislation in The Natural Resources Sector." BESTUUR 11, no. 2 (December 19, 2023): 290. http://dx.doi.org/10.20961/bestuur.v11i2.78125.

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<div><table cellspacing="0" cellpadding="0" align="left"><tbody><tr><td align="left" valign="top"><p class="AbstractText">The formation of statutory regulations is based on the authority to form. The formation of delegated regulations can originate from orders or authority. In the P3 Law, it is stated that delegated regulation is not only limited to (or “there is a space for delegated regulations other than “) Government Regulations, Presidential Regulations, and Regional Regulations, so it becomes hyper-regulation. This happens in laws and regulations in the field of natural resource management. This article aims to explain the condition of existing delegated regulation in the field of natural resources and its impact on the use of natural resources. The results of this research show that the position and types of delegated regulation in the field of natural resources are not only in the form of Presidential Regulations, Government Regulations, Ministerial Regulations, and Regional Regulations but also delegated legislation regulated in Article 8 of the P3 Law, which is not small in number The implications of delegated legislation can provide technically detailed implementing regulations down to the lowest level institutions/institutions. However, delegation not explicitly limited by the delegation criteria causes hyper-regulation by the executive agency through its functional authority. Apart from that, it opens space for unsynchronization between the substance of higher regulations and delegated regulations, thereby causing ineffective use of natural resources. This study recommends that changes be made to the Law on the Establishment of Laws and Regulations, especially concerning its hierarchy.</p></td></tr></tbody></table></div>

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14

Palmer, Geoffrey. "Deficiencies in New Zealand Delegated Legislation." Victoria University of Wellington Law Review 30, no. 1 (June 1, 1999): 1. http://dx.doi.org/10.26686/vuwlr.v30i1.6017.

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In this article, the author, a former Minister of Justice and Prime Minister, examines the history and role of statutory regulations. Processes for reviewing regulations, especially through the Parliamentary Regulations Review Select Committee, have been significant in offering protection against undesirable regulation-making. The courts have played a lesser role in this regard and the author calls for them to be "a little more robust in their approach to delegated legislation". The development of a third tier of law-making, by the use of so-called "rules", is worrying, as these rules receive the same scrutiny as regulations neither before nor after their making. The author recommends that either we abandon making such rules or we introduce processes which are more formal and transparent. At present, "the coherence of our legal system is threatened".

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15

Rylatt, Jake, and Joe Tomlinson. "Delegated Legislation, Brexit, and the Courts." Judicial Review 22, no. 3 (July 3, 2017): 320–25. http://dx.doi.org/10.1080/10854681.2017.1369675.

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16

cooper, Reid. "Municipal law, delegated legislation and democracy." Canadian Public Administration/Administration publique du Canada 39, no. 3 (September 1996): 290–313. http://dx.doi.org/10.1111/j.1754-7121.1996.tb00134.x.

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17

Voermans, Wim. "Delegation Is a Matter of Confidence." European Public Law 17, Issue 2 (June 1, 2011): 313–30. http://dx.doi.org/10.54648/euro2011022.

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This contribution discusses the new delegation system of the Treaty of Lisbon (Articles 290 and 291 of the Treaty on the Functioning of the European Union (TFEU)) and the current debate between the EU institutions on the control over delegated legislation and on the future of comitology. The European Parliament (EP) opposes the strategy of the European Commission to involve the Council in some way or in some respect in delegated legislation other than via the mechanism that the Lisbon Treaty provides. Parliament wants comitology to end once and for all, or so it seems. Whether or not they are able to make the Commission and Council change course remains to be seen. By way of a preliminary conclusion, the contribution argues that - whatever the outcome of the current debate - delegation relies and needs to rely on confidence between the delegating authority and the delegate.

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18

Mattei, Paola. "Legislative Delegation to the Executive in the ‘Second’ Italian Republic." Modern Italy 12, no. 1 (February 2007): 73–89. http://dx.doi.org/10.1080/13532940601134874.

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Considering the increasing quantitative usage and expanding qualitative scope of instruments of delegated legislations as the predominant means of enacting welfare reforms, this article investigates the consolidation throughout the Second Italian Republic of a new interpretation of executive prerogatives in the exercise of legislative functions. This is not only a problem in relation to the constitutional balance defining the relationship between the executive and legislature, but also an issue for executive policy leadership and capacity to steer the legislative process. It is argued that since the 1990s the usage of legislative decrees has become a sui generis and the predominant means of decision-making, adopted in particular for welfare reforms. In particular, delegated legislation to the executive has changed the impact that interest groups, such as trade unions, have on the policy process. Two case studies are presented by way of illustration, namely the health care reforms of the early 1990s and the education reform in 2003.

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19

Schippers, Martijn L. "The Role and Validity of Delegated and Implementing Acts under the Union Customs Code." Intertax 52, Issue 5 (May 1, 2024): 399–411. http://dx.doi.org/10.54648/taxi2024037.

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The Lisbon Treaty introduced the ability to transfer the power to adopt non-legislative acts of general application (delegated acts) and nonlegislative acts to ensure the uniform conditions for implementing legally binding Union acts (implementing acts) in a legislative act to the European Commission. Delegated and implementing acts may not change the essential elements of the legislative act. Safeguards have been included in the legislative decision-making process to prevent the European Commission from abusing its delegated and implementing powers. Nevertheless, from time to time, a case is referred to the Court of Justice of the European Union (CJEU) about the validity of these types of acts. In this contribution, the author discusses the decision-making process for them and their position in the framework of EU customs legislation. It also analyses whether the European Commission abused its delegated and implementing powers granted in the Union Customs Code (UCC) based on several examples. The author concludes that it does so in numerous cases thereby increasing uncertainties about the legality of the delegated and implementing acts of the UCC. This conclusion may also be extended to and therefore be of interest for other areas of EU (tax) law.

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20

Stemplewitz, Jan. "Section 6 of the Bill of Rights Act 1990: A Case for a Parliamentary Responsibility for Human Rights and Freedoms." Victoria University of Wellington Law Review 33, no. 2 (September 2, 2002): 409. http://dx.doi.org/10.26686/vuwlr.v33i2.5843.

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The author addresses the role of the Courts in considering whether delegated legislation is ultra vires by reason of breaching the New Zealand Bill of Rights Act 1990. He suggests that such review should not consider whether the limitation in any such regulation is justifiable in a free and democratic society, but ought to only consider if it infringes rights and freedoms contained in the Bill of Rights Act. In his view, not only would such an approach result in much delegated legislation being held to be ultra vires, but that it would force Parliament to take responsibility for the rights guaranteed by the Bill of Rights Act by closely considering them when enacting provisions which permit delegated legislation.

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21

Musashi, Katsuhiro. "Parliamentary Control over Delegated Legislation in Japan." European Journal of Law Reform 21, no. 4 (December 2019): 545–61. http://dx.doi.org/10.5553/ejlr/138723702019021004005.

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22

Bakhtieva, Dilyara R., and Ilia M. Burov. "Delegated Legislation: Modern Theoretical and Practical Issues." Ural Journal of Legal Research, no. 1 (2022): 3–10. http://dx.doi.org/10.34076/2658_512x_2022_1_3.

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23

Al-Fatih, Sholahuddin, Muchamad Ali Safaat, Aan Eko Widiarto, Dhia Al Uyun, and Al Fauzi Rahmat. "Rethinking Delegated Legislation in Indonesian Legal System." Jurnal Hukum Novelty 14, no. 2 (December 27, 2023): 240. http://dx.doi.org/10.26555/novelty.v14i2.a27517.

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24

Jung, Hokyoung. "The Form and Limitation of Delegated Legislation." ADMINISTRATIVE LAW JOURNAL 71 (August 31, 2023): 1–27. http://dx.doi.org/10.35979/alj.2023.08.71.1.

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25

Lestari, Endang Puji. "Konsep Politik Hukum Pengembangan Sumber Daya Manusia Transportasi Udara Nasional dalam Menghadapi Masyarakat Ekonomi ASEAN." WARTA ARDHIA 41, no. 4 (August 16, 2017): 171. http://dx.doi.org/10.25104/wa.v41i4.154.171-180.

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Legal policy in developing and providing air transportation’s human resources is the sub system of national transportation policy. There are two problems in this research, first, how is the regulation of Indonesia’s legal policy in air transportation’s human resources development? Second, how is the concept of legal policy of Indonesia’s air transportation human resources development? Regulation scope in providing and developing of air transportation human resources development consists of manpower planning, education and training, working opportunity and surveillance, monitoring as well as evaluation. Legal policy of regulation in providing and developing human resources that is conducted through delegated legislation requires sustainable policy such as the enactment of three Minister Regulations, namely the Minister of Transportation Regulation on The Development and Providing of Air Transportation Human Resources, the Minister of Transportation Regulation on The Implementation of Air Transportation Education and Training, and the Minister of Transportation Regulation on certificate of competency and license as well as arrangement of training program. The writer suggests the Ministry of Transportation to ratify immediately the three of the Minister of Transportation Regulations that have a basic delegated legislation as an answer to face ASEAN open sky policy. Keywords: legal policy, human resources, delegated legislation. Politik hukum pengembangan dan penyediaan SDM penerbangan merupakan sub-sistem dari kebijakan transpotasi nasional. Terdapat dua permasalahan dalam tulisan ini, pertama, bagaimana kebijakan politik hukum nasional Indonesia dalam pengembangan SDM transportasi udara nasional? kedua, bagaimana konsep kebijakan hukum pengembangan SDM transportasi udara nasional? Ruang lingkup pengaturan penyediaan dan pengembangan SDM penerbangan meliputi perencanaan sumber daya manusia (manpower planning), pendidikan dan pelatihan, perluasan kesempatan kerja, serta pengawasan, pemantauan, dan evaluasi. Politik legislasi pengaturan pengembangan dan penyediaan SDM yang dilakukan melalui delegated legislation di atas memerlukan kebijakan lanjutan berupa diundangkannya tiga peraturan menteri yaitu peraturan menteri perhubungan tentang penyediaan dan pengembangan sumber daya manusia di bidang penerbangan, peraturan menteri perhubungan tentang penyelenggaraan pendidikan dan pelatihan di bidang penerbangan, dan peraturan menteri perhubungan tentang sertifikat kompetensi dan lisensi serta penyusunan program pelatihan. Penulis menyarankan kepada Kementerian Perhubungan RI untuk segera mengundangkan ketiga peraturan menteri perhubungan yang telah memiliki dasar delegated legislation sebagai jawaban untuk menghadapi ASEAN open sky policy. Kata kunci: politik hukum, sumber daya manusia, delegated legislation.

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WHALAN, D. J. "Scrutiny of Delegated Legislation by the Australian Senate." Statute Law Review 12, no. 2 (1991): 87–108. http://dx.doi.org/10.1093/slr/12.2.87.

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27

Lysenko, Anna. "INTERNATIONAL PRACTICE OF EXERCISING CONTROL OVER DELEGATED LEGISLATION." KELM (Knowledge, Education, Law, Management), no. 5 (2023): 192–98. http://dx.doi.org/10.51647/kelm.2023.5.32.

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28

Otenko, P. V. "Two sides of the contemporary system of quasi-legislative acts of the Commission of the European Union." Актуальні проблеми держави і права, no. 89 (April 29, 2021): 62–68. http://dx.doi.org/10.32837/apdp.v0i89.3192.

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The scientific article is devoted to the issue of complex legal analysis of both advantages and disadvantages of the contemporary system of Commission’s quasi-legislative acts which is composed of implementing and delegated acts. Commission’s implementing and delegated acts play a crucial role in the EU, but the abusive application by the EU legislator of the delegation of quasi-legislative powers to the Commission of the EU cause various negative consequences on the EU legal order. The author outlines the following positive sides of Commission’s quasi-legislative acts: acceleration of the EU decision-making process, adding the EU decision-making process flexibility, improvement of the quality of the EU legislative acts and unloading the overall EU legislature’s workload. Taking into account the latest statistics, the author has proved that the process of the adoption of implementing and delegated acts is in four times faster than ordinary and special legislative procedures. It is emphasized that COVID-19 outbreak in 2020 made the EU urgently enact a bunch of legislative acts that were mainly adopted in the form of Commission’s quasi-legislative acts. The author also points out that the quality of the EU’s legislation has been improved as well as EU’s legislator workload has been greatly reduced because of Commission’s implementing and delegated acts. At the same time, the author specifies that the absence of an explicit legal distinction between Commission’s implementing and delegated acts leads to numerous interinstitutional litigations and disputes and undermines the hierarchy of legal acts under the provisions of the Lisbon Treaty. It is established that an excessive application by the Commission of the EU of the quasi-legislative instruments may breach the principle of institutional balance and may lead to the replacement of the sole EU legislator – the European Parliament and the Council. Eventually, the author argues that the lack of transparence and accountability of the Commission of the EU during the process of adoption of implementing and delegated acts deepen the ‘democratic deficit’ problem within the EU.

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Afanasyeva, S., and T. Tsema. "STUDY OF THE STATE AND PERSPECTIVES OF UPDATING THE LEGISLATION OF UKRAINE IN THE SECTOR OF AGRICULTURAL AND FORESTRY VEHICLES." Technical and technological aspects of development and testing of new machinery and technologies for agriculture of Ukraine 2, no. 31(45) (2022): 10–34. http://dx.doi.org/10.31473/2305-5987-2022-2-31(45)-1.

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The purpose of research is to substantiate the provisions regarding the further updating and improvement of the type approval system of agricultural and forestry vehicles and their components based on actual acts of the European Union (hereinafter - EU) [Regulation (EU) 167/2013, 2013, Commission Delegated Regulation (EU) 2015/208, 2015; Commission Delegated Regulation (EU) 2015/68, 2015; Commission Delegated Regulation (EU) No. 1322/2014, 2014; Commission Implementing Regulation (EU) 2015/504, 2015; Commission Delegated Regulation (EU) 2018/985, 2018].

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30

Chalmers, James, and Fiona Leverick. "Criminal law in the shadows: creating offences in delegated legislation." Legal Studies 38, no. 2 (June 2018): 221–41. http://dx.doi.org/10.1017/lst.2017.18.

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AbstractSubstantial numbers of criminal offences are created in the UK in delegated legislation, often carrying heavy maximum penalties. The majority are created in statutory instruments passed under the negative resolution procedure, which offers very limited opportunity for scrutiny and does not involve a parliamentary vote. This phenomenon has slipped under the radar of orthodox criminal law scholarship, where debate has focused primarily on the criteria that should be used to determine the content of the criminal law and on the principles to which such offences should conform, rather than on the process of creating criminal offences. Creating offences in delegated legislation raises questions of democratic legitimacy and has resulted in criminal offences being created which do not conform to basic principles of fair notice and proportionality of penalty. To address this, we propose that parliamentary approval should be required for all serious offences. It would be impractical to do this for all criminal offences, and direct participation in the legislative process via consultation can act as an alternative (or additional) legitimating principle. This does, however, require that the consultation process complies with certain basic minimum requirements, and we explain how these requirements might appropriately be framed.

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Jibong Lim. "Statute Reservation Principle and the Limit of Delegated Legislation." 법학논총 42, no. ll (September 2018): 85–104. http://dx.doi.org/10.35867/ssulri.2018.42..004.

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van der Pump, Christian, and Eric Scheepbouwer. "Australia’s Combustible Cladding Crisis—A Failure in Delegated Legislation?" Buildings 13, no. 4 (April 11, 2023): 1010. http://dx.doi.org/10.3390/buildings13041010.

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Australia’s combustible cladding crisis is estimated to cost approximately $6 billion to remediate. No study has been published which determined the causative factors for the magnitude of this issue. Investigators for the Federal Building Ministers’ Forum stated that building practitioners misinterpreted or ignored the requirements of the National Construction Code. However, research by the authors showed that the cause of Australia’s combustible cladding crisis are likely deficiencies in the National Construction Code itself. A comparative analysis of historic National Construction Code requirements and recent National Construction Code changes in response to cladding fires showed that the factors which contributed to Australia’s combustible cladding crisis were present for nearly 20 years. Findings also showed that some of the newly introduced measures incorporated in the National Construction Code to address the combustible cladding crisis do not fully address combustible cladding risks and fail to completely address the historical deficiencies.

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Mahato, Sanjaya, Rupesh Kumar Sah, and Pooja Chaudhary. "The Legislators’ Engagement in Policy-making and Post-legislative Scrutiny in Nepal Since 1991." Journal of Southeast Asian Human Rights 4, no. 1 (June 23, 2020): 69. http://dx.doi.org/10.19184/jseahr.v4i1.17231.

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Parliament enacts legislation and has a role to evaluate the implementation of legislation in meeting the intended outcomes. Post-legislative scrutiny (PLS) identifies defective legislation and rectifies it. As such, it contributes to better legislation and implementation of legislation objectives. However, this requires a strong commitment by the parliamentarians in the legislation process and policymaking. Along with a range of structural factors, including lack of expertise and experience and time constraints, the main reasons for the ineffective post-legislative review in Nepal stem from the Member of Parliaments’ (MPs) shallow engagement in policy-making and legislative review processes and stronger focus on expanding expenditure related to building roads, schools, and other vital infrastructure. For example, the Constituency Development Fund (CDF) provided to MPs has been continuously increased in consecutive elections since 1991. MPs appear to prioritize the political benefits of engaging with their electorate on funding and development projects, over their role in reviewing or scrutinizing legislation. This paper argues that the shallow engagement of MPs in the policy-making process and ineffective post-legislative review has resulted in not only defective and unsustainable policies but also defective legislation. This has created problems in the rule of law and accountability. This paper largely draws from reviewing contributions of delegated legislation committee for rule of law, evaluates the implementation of the committee recommendations in improving legislation and analyse the effects of noncompliance of committees’ recommendations in people’s justice.

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Victoria Viktorovna, Mironchukovskaya, and Inshakova K.P. "ISSUES OF ENDOWING SELF-REGULATORY ORGANIZATIONS WITH PUBLIC AUTHORITY FUNCTIONS: PROBLEMS AND WAYS OF IMPROVE-MENT." Questions of State and Law 59 (2024): 29–37. http://dx.doi.org/10.24888/2949-3293-2024-4-4-29-37.

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The article discusses the problematic issues of endowing self-regulatory organizations with public authority functions and powers aimed at exercising delegated functions. The author studies the essence of the representative, regulatory, organizational, accounting, control and jurisdictional functions of self-regulating organizations. The positive impact of the model of legal relations with the participation of self-regulating organizations, state executive authorities and participants of such organizations on the entire system of legal relations in the field of self-regulation is noted. Special attention is paid to the problems and contradictions that occur in the sphere of direct implementation of representative, regulatory functions by self-regulating organizations, as well as unnecessarily cumbersome control over their activities by the state. The ways of improving legislation in the field of performance of delegated public authority functions by self-regulating organizations are proposed. The conclusion is substantiated that the existence of such legislative problems as: the declarative nature of the representative function, excessive state interference in the regulatory function, cumbersome legislation in the field of control and supervision of SRO activities significantly reduces the functional potential of SRO and does not allow achieving the goals set in their activities.

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홍석한. "A Study on the Constitutional Limitations of the Delegated Legislation - analysis and evaluation of the constitutional court's criteria for constitutionality of delegated legislation -." Public Law Journal 11, no. 1 (February 2010): 215–42. http://dx.doi.org/10.31779/plj.11.1.201002.009.

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Zheldybina, Tatyana A. "On the Control of Supreme Courts over Delegated Law Making." Court administrator 1 (February 8, 2024): 30–32. http://dx.doi.org/10.18572/2072-3636-2024-1-30-32.

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The article examines the legal phenomenon of delegated lawmaking in the context of the control of higher courts. The study is conducted taking into account recent events — the development of legislation under the influence of the consequences of the COVID-19 pandemic. The analysis of both positive and negative aspects related to judicial control over the specified legal institution is given. The article raises the question of the regulatory regulation of delegated lawmaking in Russia.

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Reid, Colin T. "Who Makes Scotland's Law? Delegated Legislation under the Devolution Arrangements." Edinburgh Law Review 6, no. 3 (September 2002): 380–84. http://dx.doi.org/10.3366/elr.2002.6.3.380.

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Srivastava, Ashish. "The Notion of Delegated Legislation in India- A Critical Analysis." Scholars International Journal of Law, Crime and Justice 02, no. 11 (November 30, 2019): 348–51. http://dx.doi.org/10.36348/sijlcj.2019.v02i11.002.

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Yarova, D. V. "DELEGATED LEGISLATION: EXPERIENCE OF THE COUNTRIES OF THE EUROPEAN UNION." Juridical scientific and electronic journal, no. 8 (2022): 57–59. http://dx.doi.org/10.32782/2524-0374/2022-8/10.

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Pierre, Jon. "Less Delegated Authority Than Expected: Comparative Study on Secondary Legislation." Journal of Public Administration Research and Theory 26, no. 4 (April 20, 2016): 820–22. http://dx.doi.org/10.1093/jopart/muw023.

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Schütze, Robert. "‘Delegated’ Legislation in the (new) European Union: A Constitutional Analysis." Modern Law Review 74, no. 5 (August 19, 2011): 661–93. http://dx.doi.org/10.1111/j.1468-2230.2011.00866.x.

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Himsworth, Chris. "Subordinate Legislation in the Scottish Parliament." Edinburgh Law Review 6, no. 3 (September 2002): 356–79. http://dx.doi.org/10.3366/elr.2002.6.3.356.

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One of the claims made on behalf of the Scottish Parliament is that, because of its new institutional design and a commitment to a “new politics”, it has the opportunity to escape the confines of the Westminster model of parliamentary government upon which it is based. It has the chance to achieve new levels of democracy and of executive accountability. In this article, such claims are examined in relation to the Scottish Parliament's ability to assert controls over the use of ministerial powers of delegated legislation and, indeed, to produce a balance between primary and secondary lawmaking which is different from that familiar at Westminster.

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Kim, Hae-Ryong, and Kyoung-Sun Kwon. "The Task of Administrative law for Good Legislation." Korean Administrative Law Association 25 (September 30, 2023): 159–94. http://dx.doi.org/10.59826/kdps.2023.25.159.

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It is no exaggeration to say that modern democracies refer to rule of law. Above all, legislation is the cornerstone of the rule of law. The reason is that the law in a democratic country is the will of the entire people according to the principle of representation, and the democratic basic order is the rule by the people. This is because the main ordinance of what administrative agencies do is strict enforcement of the law, and the job of judicial agencies is a trial based on the law. Therefore, the starting point of democratic state theory is how people can have good laws. In this article, we tried to discuss the elements of good legislation, the current status of legislation in Korea, and the legislative cases that are problematic. The element of good legislation refers to a law that 1. complies with legislative procedures 2. has content justification. In addition, factors such as 1) constitutionality, 2) systematicity of the law, 3) content consistency, 4) compliance with the limits of delegated legislation, 5) legalization of administrative rules, and 6) the scope and limitations of ordinance legislation must be examined. However, through legislative cases that do not have these elements of good legislation, I tried to think about good legislation in detail. The first is an example of the obscenity of the agenda effect regulation. The second is the issue of deregulation legislation that changed the permit system to a reporting system, that is, ‘reporting that requires repair,’ the third is the issue of legislation on police organization and police action, and the fourth is the issue of excessive decentralization.

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Lopatin, Anton I., and Akhmat I. Malkarov. "Delegated rulemaking by the Central Election Commission of Russia." RUDN Journal of Law 27, no. 2 (June 23, 2023): 338–53. http://dx.doi.org/10.22363/2313-2337-2023-27-2-338-353.

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The issue of systematization of legislation is quite relevant and the task of solving it is part of the state legal policy. At the same time, the solution of the above problem is impossible in isolation from the study of a number of issues affecting both the theoretical and practical aspects of lawmaking and law enforcement activities. For example, one of these key issues is the hierarchy of normative legal acts, including those issued by state bodies of the Russian Federation. The issue of standard-setting powers of certain state bodies is quite controversial. The article investigates the practice of implementing the institution of delegated legislation in the Russian Federation on the example of the practice of delegated rulemaking of the Central Election Commission (CEC) of Russia. The study consistently considers issues of the constitutional and legal status of the Central Election Commission of the Russian Federation, including regulatory powers related to it. Various points of view relevant to the scientific community on this issue have been outlined. At the same time, the authors proceed from understanding that rulemaking powers are integral attribute properties of the constitutional and legal status of the CEC of Russia. Based on the tasks set, the issues of the forms of regulatory legal acts of the CEC of Russia as sources of constitutional law are investigated. The authors indicate the need to diversify acts issued by the CEC of Russia within the framework of exercising its direct powers, with acts issued within the framework of delegated rulemaking. In this regard, special attention is paid to legal regulation regarding the new electoral procedure - remote electronic voting. Given the enormous importance for the state and its obligation to ensure transparency and legitimacy in electoral procedures, it is clear that their legislative regulation should be adequate to the level of tasks to be solved. At the same time, the authors believe that acts of delegated rulemaking, subject to certain restrictions and requirements, meet the specified characteristics. The methodological basis of the study includes the dialectical method, methods of analysis, synthesis and analogy, as well as formal-legal and comparative legal methods.

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BATES, T. S. J. N. "The Future of Parliamentary Scrutiny of Delegated Legislation: Some Judicial Perspectives." Statute Law Review 19, no. 3 (January 1, 1998): 155–76. http://dx.doi.org/10.1093/slr/19.3.155.

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Budhiartie, Arrie, David Pradhan, and Arti Devi. "CRITIQUING DELEGATED LEGISLATION ON PREVENTING SEXUAL HARASSMENT OF WOMEN IN INDIAN HIGHER EDUCATION INSTITUTIONS." Diponegoro Law Review 9, no. 1 (April 30, 2024): 136–52. http://dx.doi.org/10.14710/dilrev.9.1.2024.136-152.

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Sexual harassment of women in the workplace is a serious issue in India, affecting all social and professional sectors, including elite higher education institutions. This problem violates women's fundamental rights to equality and livelihood, breaches professional ethics, and hampers the productivity and potential of many academics. Although the Indian Parliament enacted a comprehensive law in 2013 to address sexual harassment at workplaces, the implementation, especially in educational institutions, is flawed due to bureaucratic inefficiencies. There is a lack of unbiased analysis on how delegated regulations by administrative authorities undermine the law's intent. This research article conducts a legal analysis of the law's implementation in higher educational institutions, using doctrinal research methodology. It identifies subjective and ultra vires provisions introduced by ideologically driven bureaucrats that compromise the law's validity and effectiveness. The study highlights deviations in delegated legislation from the original law and suggests corrective measures to address significant flaws in the regulations framed by the University Grants Commission.

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Ørebech, Peter. "The Fisheries Issues of the 2004 Second European Union Accession Treaty: A Comparison with the 1994 First Accession Treaty." International Journal of Marine and Coastal Law 19, no. 2 (2004): 93–150. http://dx.doi.org/10.1163/1571808041220092.

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AbstractThe 1994 and 2004 Accession Treaty and Act of Accession require that the Applicant Member States adopt EU legislation and policy. The goal of the Accession Treaty is to phase out Applicant Member State legislation and institute the pre-emptive role of EU law. The EU fisheries acquis directly affects natural and juridical persons. Member states maintain legislative competence within 12 nautical miles during the transitional period, which ends in 2012. With the exception of specific areas delegated to Member States, national provisions will then be terminated. The "relative stability" and national quota regulations remain in effect and deter direct fishing by other Member States' vessels. Quota hopping, on the other hand, opens the door to foreign fishing interests. A new system of individual transferable quotas will further contribute to the decline of the inherent discrimination amongst EU citizens within fisheries sector.

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Liu, Qiucen. "The system and development of People’s Republic of China legislation." Vestnik of Saint Petersburg University. Law 11, no. 3 (2020): 666–78. http://dx.doi.org/10.21638/spbu14.2020.309.

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The article describes the current stage of development of the People’s Republic of China, which is distinguished by the specifics used by the author. Legislative activity in the PRC as a special procedure reflecting the will of the ruling class and supporting the coercive one. The concept of “law” today includes the activities in China of central and local authorities, individual administrative bodies for the adoption of bodies, decrees, administrative acts. According to the PRC Constitution, the National People’s Congress (NPC) and its permanent body, the NPC Standing Committee, are the legislative branch. Within the autonomous administrative territories of the PRC, its legislative power, determined by the Constitution of the PRC, operates. The author turns to the history of Chinese legislation, dwelling separately on the features of autonomous territories and special administrative systems. In the conclusion of the study, three problems emerge from the theory and practice of the PRC legislation: clarification of the guidelines; determination of rights and obligations in the field of legislation; unification of the legislative process. Discussion regarding principles does not currently cross the threshold of science, proposals for practical implementation can be implemented in the future. There are no rights and obligations in the field of legislation, and the problem of risky confusion arises from the two-tier system of legislative bodies and how they are delegated. Finally, the unification of the legislative process is also important, which consists of revising old acts and adopting new achievements of the goal of the current social and technological demands of the state and society.

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Sandberg, Haim. "What Happens when the Judiciary Switches Roles with the Legislator? An Innovative Israeli Version of a Mixed Jurisdiction." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 3 (May 29, 2017): 40. http://dx.doi.org/10.17159/1727-3781/2012/v15i3a2502.

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Civil Law codices are analytic, abstract and removed from the specific influence of particular cases. When rules are codified In Common Law systems they reflect a collection of rulings and not a collection of analytic principles. These differences stem from the nature and the motivations of the legislative enterprise. Civil-continental legislation originates in a legislative initiative “from above”. It is driven by the aspiration for legal harmony and completeness, and was originally formulated by academics. Legislation in the common-law countries results from a "bottom up" effect in which reality dictates the nature of the developing rules, step by step. Civil law systems like Common Law systems accept the supremacy of the statutory law over judge-made law. Yet when the judiciary has the authority or the power to influence the legislative agenda there is a veritable role switch. In a manner resembling continental-style legislation, the court reviewing existing legislation determines an abstract principle, usually in reliance on a particular constitutional text, and it is the legislature that is required to distill the principles into specific legislative norms, a function normally fulfilled by the common law court. The question forming the basis of this paper is the nature of the legislative process and the legislation produced by this kind of relationship. The paper addresses this question through the narrow prism of a detailed examination of a particular Israeli test case in which the Israeli Supreme Court handed down a ruling on a fundamental principle but on its own initiative delegated to the legislature the task of implementing it and providing a specific legislative enactment of this principle, on the basis of which the Court would then rule on the concrete case. The result in this particular case was that the traditional roles of the respective branches were reversed. The practical result of the move to delegate the implementation of a far-reaching and fundamental ruling to the legislature was a subversion of the fundamental ruling and delayed justice for the parties who sought a resolution of the matter. The paper claims that this mechanism leads to the creation of a new variety of a "mixed-system". The judiciary abandoned its primary obligation, namely to serve as an instance for resolving disputes, while the legislature became an executor of judicially enunciated principles. The law thus enacted resembles, in its detailed and complex language, a common law text while the principle formulated in the judgment of the court resembles a section of an analytical "civil law" statute. When the motivation for legislation stems from the court's directives, rather than the governmental or legislative interests, the legislature or the executive branch has an interest in thwarting the court’s intention through the use of various tactics readily at its disposal. This process also affects the vague and detailed formulation of the legislation, which has a character rather different from the abstract nature of civil law legislation. The lesson that this episode teach us, which the court itself internalized, is that a court cannot really dictate a legislative agenda and that it should instead focus on its designated role – the resolving of concrete disputes.

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Pečarič, Mirko. "An old absolutist amending clause as the ‘new’ instrument of delegated legislation." Theory and Practice of Legislation 4, no. 1 (January 2, 2016): 1–26. http://dx.doi.org/10.1080/20508840.2016.1147189.

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