JAMB 2015 Government · Question 22

A typical form of delegated legislation is

Options

  1. A.an act
  2. B.a bill
  3. C.a decree
  4. D.a bye-law

Answer: D. a bye-law

Explanation written with AI and checked against the answer key

Step 1: Analyze the question The question asks which of the options is a typical form of delegated legislation.

Step 2: Explain the concept Delegated legislation (also called subsidiary or subordinate legislation) is law made by a person or body other than the legislature, but with powers given to it by the legislature through an enabling Act (the parent Act). Common forms include:

  • Bye-laws (made by local governments)
  • Orders-in-Council
  • Statutory instruments
  • Rules and regulations made by ministers or agencies

Step 3: Check each option

  • A. An act: This is primary legislation, passed directly by the legislature (e.g. the National Assembly). It is not delegated.
  • B. A bill: This is only a proposed law before it is passed. It is not yet law at all.
  • C. A decree: This is a law issued by a military government that holds legislative power directly. It is not delegated by a legislature.
  • D. A bye-law: This is made by local government councils under powers given to them by a higher law. This is the classic example of delegated legislation.

Step 4: Answer The correct option is D, a bye-law.

Tip: Remember "delegated = by someone else, with permission". If the law is made by a local council, a minister, or an agency, rather than by the legislature itself, it is delegated legislation. Bye-laws are the go-to example in JAMB.

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