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Words: | Submitted: Mon Jun 19 2006
... in details, but also used to establish matters of principle. Normal methods of scrutiny are avoided and particular methods of scrutinising delegated legislation are unreliable, due to the volume, complexity and the method of presentation of the legislation. Many instances, the Parent Act will give Minister wide discretionary powers. There is a common formulation that presents a Minister as the power to "make such regulations as he considers appropriate", as I have mentioned above. It is extremely challenging to control exercise of power through traditional operation of ultra vires. This rule allows courts to intervene, if the person making the regulations has gone beyond limits of powers granted to him by the enabling act. In simpler terms, delegated legislation may have minimal publicity, the parliament's control over the legislation is slight, the powers given may be extremely wide and delegated legislation prevents effective control by the courts through the ultra vires. ...
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