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Administrative LawText and Materials

Administrative Law: Text and Materials (5th edn)

Mark Elliott and Jason N. E. Varuhas
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date: 26 March 2023

p. 66616. Delegated Legislationlocked

p. 66616. Delegated Legislationlocked

  • Mark ElliottMark ElliottProfessor of Public Law, University of Cambridge
  •  and Jason VaruhasJason VaruhasAssociate Professor, University of Melbourne


This chapter deals with delegated legislation and the extent of its constitutional propriety. It begins with an overview of the enabling provisions in primary legislation in order to understand the permitted content and nature of the resultant delegated legislation. It then considers enabling provisions known as ‘Henry VIII clauses’, which authorize delegated legislation that amends or repeals primary legislation, as well as the extent of delegated powers. It also discusses the making of delegated legislation, from publication to consultation, legislative and administrative measures of delegated legislation, and the role of Parliament in making delegated legislation. Finally, it reviews parliamentary scrutiny of delegated legislation as well as judicial scrutiny and the general principles of judicial review.

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