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law in place, but also how their & just the law itself. Here Dicey's R.O.L only focus on the law preference & process of law, but not the core aspect is content of law.
With the advent of welfare state, as the functions of state got enlarged, the need for administration law & delegated legislation arised. Delegated legislation: - This is process of delegation or transfer of law making power by legislative body to administrative body. For example in India, Environment-protection Act is passed by parliament, but EPA rules for e-waste etc are made by administration. The Delegated legislation gives room for ground reality based tweaks & adding of details in subs, rules, etc of parent act for better implementation. The process of D.L is considered necessary because - => Parliament cannot have the time & work capacity to come up with detailed laws. => Parliament is not a body of experts & do not have experience of ground hence law will have technical expertise lacking. (19) Urban planning - Smart city mining approved by parliament, but rules for e-traffic control, waste management by administration. => Parliament can not be innovative & experiment with the laws, hence give room for same via D.L but the subs laws & innovation must be within purview of parent Act.
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GAURAV PRATAP SINGH
Parliament and State Legislatures - Structure, Functioning, Powers & Privileges
Powers and Privileges
Rule of Law and Delegated Legislation
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