Delegated Legislation
| Author | J. Daniel Devlin |
| DOI | 10.1177/0032258X5903200105 |
| Published date | 01 January 1959 |
| Date | 01 January 1959 |
| Subject Matter | Article |
do, no one will care. But that will be begging a large question,
which may resolve itself into "Have not the police a duty to
persuade people that crime is their affair, a reflection on them,
needing their efforts to keep it under control?"
INSP.
1.
DANIEL
DEVLIN,
LL.B.
(LONDON)
Training Officer, Southend-on-Sea Constabulary
Delegated
Legislation
THE
YOUNGER
ones among us, especially those who have read the
syllabus for the promotion examinations for the first time, often
ask what is meant by the phrase "statutory rules, orders and
instruments". This is not very surprising, for police instruction
books can, of necessity, spare very little space for this most interest-
ing subject.
The
matter is best dealt with as part of a subject of wider scope
known as "delegated (or subordinate) legislation"; and this simply
means legislation which has been made by persons or bodies other
than, but with the authority of, Parliament.
The power to legislate is a function of Parliament and, with very
minor exceptions, the
power
can be exercised by no one else with-
out the express authority of Parliament. Not so long ago this power
was jealously guarded by the law-makers, who attempted to pass
every enactment themselves, but today the legislative requirements
of a modem state are such that this is quite impossible.
In modem times the sheer bulk of legislation, required to effect
the business of government is so great that if the legislative function
were performed by Parliament alone the law-making machine would
become choked and grind to a standstill.
Clearly the law-makers must have assistance in their task; and yet
bodies other than Parliament cannot be given a free rein to tum out
whatever laws they wish, for that would be contrary to one of the
principles of
our
constitution, the sovereignty of Parliament.
The answer to the difficulty is delegated legislation: Parliament
lays down general rules .and gives permission to others (for example,
the Queen, a Minister of the Crown, or a Government Department)
to legislate on particular, technical or detailed matters, at the same
time prescribing in some detail how far the delegate may go. The
January-March 1959 15
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