Advantage of subsidiary
Methods of control subsidiary legislation
Legislation are laws made by legislature which are Parliament and state legislative assembly whereas subsidiary legislation are laws made by person or bodies under power conferred on them by Acts of the Parliament. Laws made in subsidiary legislation are usually called rules and regulations, order and notification.
Subsidiary legislation refers to the legislation that is made under delegated authority granted by a legislative council. There are concerns that subsidiary legislations may abuse the power of the legislature.
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* Subsidiary legislation can be passed very speedily as it does not have to undergo the various stages of procedure which has to be followed by Parliament or the State Legislative Assemblies. Similarly, if the need arise, subsidiary legislation can be just as speedily rescinded to meet the changing needs of society. * Parliament does not have sufficient time to deal with detailed rules necessary to implement to law. Subsidiary legislation fulfils this need. * Some matters require the special skills and knowledge of experts in that area. Parliament tself may not have sufficient experts for this purpose. Thus, subsidiary legislation fulfils this need as well. * The advantage of subsidiary legislation becomes apparent in the event of a sudden emergency caused by political, economic or natural calamites when quick measures are required to meet the contingency.
The Interpretation Act 1967 defines subsidiary legislation as "any proclamation,rule,regulation,order, notification,by law or other instrument made under any Ordinance, Enactment or other lawful authority and having legislative effect".subsidiary legislation made in contravention of either a parent Act or the Constitution is void.An exception to this rule is the proclamation of emergency under Art.150 FC
Control on subsidiary legislation is essential to ensure that such laws are consistent with the primary legislation and adhere to the principles of democratic governance. It helps prevent overreach by the executive and ensures accountability, transparency, and public participation in the law-making process. Additionally, control mechanisms can safeguard individual rights and maintain the rule of law by providing checks against arbitrary or unjust regulations. Overall, it ensures that subsidiary legislation serves the public interest and upholds legal standards.
Propose Legislation
Legislation are laws made by legislature which are Parliament and state legislative assembly whereas subsidiary legislation are laws made by person or bodies under power conferred on them by Acts of the Parliament. Laws made in subsidiary legislation are usually called rules and regulations, order and notification.
Legislation is origional because it comes directly from the parliament and it is origional because the parliament has the inherent powers to pass the law or Legislation
In Uganda, subsidiary legislation provides a flexible framework that allows for the efficient implementation of primary laws. Cases such as Attorney General v. Uganda Law Society (2004) highlight how subsidiary regulations can address specific local needs and adapt to changing circumstances without the need for lengthy legislative processes. Additionally, the case of Kibanda v. The Attorney General (2001) demonstrates the judiciary's recognition of the importance of subsidiary legislation in filling gaps in statutory law, thereby enhancing legal clarity and accessibility for citizens. This adaptability is crucial for effective governance and administration in Uganda.