The existence of delegated legislation

Step 1: Analyze the question The question asks what the existence of delegated legislation means for the system of government, specifically for the principle of separation of powers.

Step 2: Explain the concepts

• Separation of powers means the three arms of government each have distinct functions: • the Legislature makes laws • the Executive implements laws • the Judiciary interprets laws
• Delegated legislation (also called subsidiary legislation) is law made by the executive or other bodies, such as ministers, local governments, or parastatals, under powers given to them by the legislature through an Act of parliament. Examples are bye-laws, statutory orders, and regulations.

Step 3: Work through the options

• A. Encourages separation of power: Wrong. Delegated legislation gives law-making power to a body that is not the legislature, so it does the opposite.
• B. Increases the work of parliament: Wrong. It actually reduces parliament's workload, which is one of the main reasons it exists.
• C. Is another way of obtaining separation of power: Wrong. It blurs the lines between the arms of government rather than creating separation.
• D. Negates the principle of separation of power: Correct. The executive, whose job is to implement laws, ends up making laws, which is a legislative function. This is a mixing of powers, so it contradicts strict separation of powers.
• E. Reduces the power of the executive: Wrong. It increases executive power, since the executive gains law-making authority.

Step 4: Answer Delegated legislation gives the executive law-making powers, which is the legislature's role. This overlap of functions negates the principle of separation of powers.

Tip: Link the keywords. "Delegated legislation" means the executive makes laws, so you have "executive + law-making = fusion of powers", which is the opposite of separation. Remember also that it reduces parliament's workload and increases the executive's power. Options saying the reverse are usually distractors.