Delegated Legislation in Administrative Law: An Analysis of its Expansion and Forms

Abstract

Legislation is primarily the responsibility of the legislature. However, in order to better serve the public, legislative powers are sometimes delegated to public functionaries under specific conditions. The evolution of delegated legislation (DL) demonstrates it has the potential to significantly impact the lives of ordinary people. When this power is unstructured, it can lead to adverse outcomes. Therefore, there is an obligation on other state organs to oversee DL. To effectively structure this power, it is essential to understand its various forms and differences between them. Worldwide, DL has evolved into diverse forms and shapes. This study explores the brief evolution, reasons for its expansion, and the different forms that DL has taken in modern welfare states. Through qualitative analysis, it seeks to elucidate the contours of DL within the realm of administrative law. The findings highlight that understanding the various forms of DL is necessary for proper interpretation and its effective use. This study serves as a guide for the judiciary and public functionaries to interpret and use their powers in the interest of public welfare.