Which statement is NOT correct regarding "delegated legislation"?

[Freeguy]

Which statement is NOT correct regarding "delegated legislation"?


1. Legislation made under powers conferred by an enabling statute
2. Legislation made under powers conferred by the parent Act
3. It may supplement Acts of parliament
4. It may appeal Acts of parliament

 

[SoothingDave]

This isn't an English language question.

Are you sure #4 didn't say "repeal"?

 

[Freeguy]

Yes. Repeal it is.

 

[SoothingDave]

Does it seem logical that Parliament would delegate to a lesser body the ability to repeal Acts of Parliament?

 

[Freeguy]

I'm not familiar with that term, but the answer must be (4), I think. In England, at least, only another Act of Parliament can repeal a previous Act. Am I right? ( If you find this question irrelevant to your purpose, drop it (or delete it). I don't want to violate your rules.

 

[SoothingDave]

Yes, the answer is 4.

If it helps, think of a king (absolute monarch). A king makes rules. He may empower some lesser person to assist him in governing. A king doesn't concern himself with the operation of the sewers. He delegates that authority to someone else.

But he does not delegate to anyone the power to overrule himself. It is illogical.

In a similar way, Parliament is the supreme maker of laws. It can delegate to other parties the ability to make rules in certain areas. But it does not, can not, give away the power to overrule itself.