HISTORY AND DEVELOPMENT OF DELEGATED LEGISLATION: EXPERIENCE OF GREAT BRITAIN, FRANCE, THE USA
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 6, Issue
Abstract
The article provides a comparative analysis of the history of the emergence and development of the phenomenon of delegated legislation in the United Kingdom, France, and the USA for the following parameters: the purpose of implementation; the volume and scope of legal regulation; subjects of legal delegation; legal force of acts of delegated legislation; ways to control it. It was found the common problems of the functioning of the institute of delegated legislation in the countries with different administrative-territorial units (unitary and federal), different forms of government (constitutional monarchy, presidential and semi-presidential forms of government), different models of local governance (Anglo-Saxon and continental), that are belong to different legal families. The main ones are: increasing of volumes of delegated legislation, expansion of its sphere and increasing of significance of issues resolved with the delegation of authority; the complexity of control after delegated legislation, which is becoming even more difficult in situations of subdelegation. The main requirement for acts of delegated legislation is their current legislation. In all countries the control after delegated legislation takes place within the control of state authorities by executive authorities. The most widespread forms are administrative, professional, legal, judicial, constitutional supervision. It is revealed that the role of the institute of delegated legislation is ambivalent. On the one hand, it allows the rapid and professional implementation of public administration, mobile solution of urgent issues. On the other hand - it leads to an imbalance of power in its legislative and executive bodies, which uniquely increases the role of the last ones. This is a negative factor for the development of states on a democratic basis. The danger of this factor increases in times in the context of globalization processes, the creation of various international institutions under the jurisdiction of the governments of the EU member states. It must be taken into account that in each country the political circumstances add the nuances and make the practice of delegated legislation unique in a certain historical period in each country.
Authors and Affiliations
Г. П. Пономарьова, М. П. Бондаревич
Keywords
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