To what extent is it fair to characterise delegated legislation as a Essay

To what extent is it fair to characterise delegated legislation as a practical necessity that undermines important constitutional principles - Essay Example This paper first gives a quick rundown on the constitution of the United Kingdom and the place of delegated legislation in it vis-à  -vis the concepts of separation of powers and parliamentary sovereignty. Only then will it start exploring delegated legislation beginning with its definition, its rationale, its types and controls, when it is considered invalid, and finally its advantages. Next would be the problems associated with delegated legislation, particularly its relevance to Montesquieu’s theory; and its disadvantages as legislation. Another section on its being a practical necessity would follow, and then a conclusion. Towards the end, the paper will make a stand and show that while delegated legislation may be a practical necessity that may undermine important constitutional principles, the extent will only be when proper checks and balances are provided. The constitution of the United Kingdom is an amalgam of statute law, precedent, and tradition dating as far back to the time of King Henry I in the 1100s.1 Uncodified, UK’s constitution is said to have been historically guided by certain conventions like a system of checks and balances which protect citizens against the abuse of executive power, respect for the liberties of the individual, and trust in the political process.2 Over the years, constitutional conventions have been considered more important than written constitutional provisions in interpreting one’s task with the uncodified constitution 3 The informal nature of the UK constitution may be said to inherently welcome the lack of constitutionalism concept. The executive is drawn from the legislature, Parliament, since the UK has a Parliamentary system of government.4 Because the government is â€Å"fused" with Parliament, governments have no formal control on their legislative power. In 1976, in fact, the phrase