In simple terms
Every public power must come from somewhere. Most come from Acts of Parliament. Some come from the prerogative or from the Constitution itself. Much of the detailed law is made not by Parliament but by ministers and other bodies under powers delegated by statute.
Where power comes from
The Constitution: In Sierra Leone some powers, such as those of the President and the Judicial and Legal Service Commission, are given directly by the 1991 Constitution.
Statute: Most powers of ministers, councils and agencies are conferred by Acts of Parliament. The Act sets the limits of the power.
The prerogative: Some residual powers of the Crown survive in the United Kingdom. After GCHQ the exercise of a prerogative power can be reviewed, unless its subject matter makes it unsuitable for the courts.
Delegated legislation
What it is: Parliament often passes a framework Act and lets a minister make detailed rules, regulations or orders. Section 170 of the 1991 Constitution recognises as part of the laws of Sierra Leone.
Why it is used: It saves parliamentary time, allows technical detail to be handled by experts and allows quick changes.
Controls: Parliament controls by laying and approval procedures. The courts control it by asking whether it is within the parent Act. Rules outside the Act are and void.
Who may exercise a power
No sub-delegation: A person given a discretion must normally exercise it himself and may not hand it on to another. In Barnard v National Dock Labour Board the power to suspend dockers had been given to the local board, and a suspension by its port manager was void.
The Carltona principle: A minister's powers can be exercised by responsible officials in his department. In law their decision is the minister's decision, and the minister answers to Parliament for it (Carltona v Commissioners of Works).
Words and Latin in this note
- Delegated legislation
- Rules, regulations or orders made by a minister or other body under power given by an Act. Rules outside the Act are void.
- Ultra vires
- Beyond the powers: an act or rule made by a body that the law did not give it the power to make, so it is invalid. Open the note.
Memory map
Sources of power and delegated legislation
Where power comes from
- The Constitution
- Statute
- The prerogative
Delegated legislation
- What it is
- Why it is used
- Controls
Who may exercise a power
- No sub-delegation
- The Carltona principle
Key points
- Public powers come from the Constitution,…
- Delegated legislation is law made by a minister…
- A discretion must normally be exercised by the…
- Under Carltona, officials may act for their…
Cases
- Barnard v National Dock Labour…
- Carltona Ltd v Commissioners of…
Key terms
- Ultra vires
- Delegated legislation
- Statutory instrument
Take-home points
- Public powers come from the Constitution, statute or, in the United Kingdom, the prerogative.
- Delegated legislation is law made by a minister or other body under a power in an Act. Rules outside the Act are void.
- A discretion must normally be exercised by the person given it, not passed on (Barnard).
- Under Carltona, officials may act for their minister, who remains answerable to Parliament.
Cases in this topic
Related case law
Full judgments on Lanbuk on the same areas of law.
See also
- The Constitution of Sierra Leone, 1991 · 1991
- Barnard v National Dock Labour Board · Lanbuk on Administrative Law · [1953] 2 QB 18
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