Exploring the Principles of Judicial Review in Delegated Legislation

Abstract

The primary role of legislation rests with the legislature, but in order to meet public needs more efficiently, legislative powers are occasionally delegated to public functionaries under specified conditions. This the delegated legislation (DL); it has shown its profound impact on the everyday lives of citizens. However, when such delegation is unchecked or poorly structured, then it can lead to negative consequences. As a result, it becomes essential for other state organs, especially the judiciary, to oversee and regulate DL. Over time, internationally the judiciary has articulated well-established principles to guide and structure the DL. States for example India, the United States, and the United Kingdom have also formulated various doctrines to scrutinize DL. This study examines those judicial principles that have been developed in modern welfare states to ensure that DL remain within legitimate boundaries. Through comprehensive qualitative analysis, this study aims to clarify the scope and application of these principles in the context of administrative law. The research concludes that a thorough understanding of these principles is essential for the judiciary and public functionaries to interpret and exercise their powers effectively in DL, in order to serve the public interest.