Secondary Legislations

This theme explores the doctrinal frameworks and judicial oversight mechanisms that define the boundaries of delegated or secondary legislation. It focuses on how courts apply principles such as the common law principle of legality, ultra vires doctrines (both substantive and procedural), and constitutional constraints to ensure that secondary legislation remains within the scope prescribed by primary statutes and respects fundamental rights. Understanding these legal principles is crucial to safeguarding the rule of law against executive overreach in modern governance.

This theme examines the institutional mechanisms, especially parliamentary oversight and procedural safeguards, designed to ensure democratic accountability in the enactment and implementation of secondary legislation. It highlights the increasing use of delegated legislation amid legislative workload pressures and explores how parliaments balance the tension between executive efficiency and meaningful scrutiny. This is essential to understanding the governance challenges posed by the delegation of law-making authority and the practical regulatory frameworks established to maintain legislative control.

This theme focuses on the textual and procedural qualities of secondary legislation that influence its effectiveness, comprehension, and acceptance by stakeholders. It includes investigations into legislative drafting conventions, the interpretation of legislative intent, and the importance of dissemination and publication in democratic legal systems. Such factors critically shape the practical utility and legitimacy of delegated legislation, ensuring that rules are not only legally valid but also intelligible, accessible, and transparent to those governed by them.