JAMB 2018 Government · Question 44
A typical form of delegated legislation is
Options
- A.acts of parliaments
- B.decree
- C.bye-law
- D.gazette
Answer: C. bye-law
Explanation written with AI and checked against the answer key
1. Analyze the question The question asks which of the options is a typical form of delegated legislation.
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 by the legislature through an enabling Act (the parent Act). It exists because the legislature has limited time and cannot handle every technical detail.
Common forms include:
- Statutory instruments / orders-in-council
- Rules and regulations made by ministers
- Bye-laws made by local governments and other local authorities
3. Evaluate each option
- A. Acts of parliament: These are made by the legislature itself. This is primary legislation, not delegated.
- B. Decree: This is a law issued by a military government, which takes over the lawmaking power directly. It is not delegated by a legislature.
- C. Bye-law: Local government councils make these under powers given to them by a higher law (the constitution or a State law). This is a classic example of delegated legislation.
- D. Gazette: This is the official government publication in which laws and notices are published. It is not a law itself.
4. Answer The correct option is C. bye-law.
5. Exam tip Remember: "Delegated = Derived." If a body makes laws using powers derived from a higher law, it is delegated legislation. Local councils making bye-laws is the most common example in JAMB questions. Primary law-makers such as parliament (Acts) and military regimes (decrees) do not count.
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