Delegated Legislation in Pakistan: A Judicial Inquiry

Abstract

This article deliberates upon the jurisprudence of delegated legislation in the Pakistani legal system. It analyses the principles of delegated legislation and their enunciation by the Pakistani Superior Courts. It describes the concept and need of delegated legislation. The main findings of this article are that delegated legislation refers to the law-making prowess of the subordinate authorities. Such authorities are empowered by the legislature to legislature on special technical issues or areas. It is absolutely necessary as the legislature may not always be able to legislate on each and every issue. The Pakistani Superior Courts have ruled certain principles in relation to the promulgation of delegated legislation. The major principle that was enunciated was that delegated legislation should not be contrary to primary legislation.