| 释义 |
subdelegated legislation
Legislation made under powers conferred by delegated legislation or by subdelegated legislation itself (in which case it is technically sub-subdelegated legislation). Subdelegated legislation is quite common (as when the parent Act authorizes a minister to make regulations and these in turn authorize others to make orders), but sub-subdelegated legislation is rare (though examples have existed in wartime); the chain has not in practice been further extended. There is a strong presumption against the granting of delegated legislative power to empower a delegate to subdelegate the whole or any part of the substantial lawmaking entrusted to it. Hence in Allingham v Minister of Agriculture [1948] 1 All ER 780 (HC) the court held that it was unlawful for a wartime agricultural committee, to which powers concerning cultivation of land had been delegated by the Minister of Agriculture, to delegate to an executive officer the choice of which particular fields should be subjected to a certain type of cultivation. The courts are reluctant to allow a further delegation of a delegated legislative power. Subdelegated legislation is not subject to any form of parliamentary control but it is subject to judicial control by means of the doctrine of ultra vires. |