In simple terms
Parliament cannot make every detailed rule itself. It delegates power to ministers, local councils and other bodies to make , which section 170(1) recognises as part of the laws of Sierra Leone.
What it is
Meaning: Delegated ( is law made by a body other than Parliament under powers given by an Act, called the parent or enabling Act.
Forms: It includes orders, rules, regulations, bye-laws of local councils and constitutional instruments such as rules of court.
Why it is used
Advantages: It saves parliamentary time, allows technical detail to be handled by experts, and allows quick responses in emergencies.
Disadvantages: It is made with little public debate, there is a great deal of it, and it can be used to stretch the power Parliament gave.
Controls
Parliamentary control (s.170): Statutory instruments made under the Constitution or an Act are laid before Parliament, which may annul them by the votes of not less than two-thirds of its Members.
Judicial control: The courts can declare delegated legislation void if it goes beyond the powers in the parent Act (), is made without following the required procedure, or is inconsistent with the Constitution. Under section 124 the Supreme Court decides whether an enactment was made in excess of the power conferred by law.
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. Open the note.
- 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
Delegated legislation
What it is
- Meaning
- Forms
Why it is used
- Advantages
- Disadvantages
Controls
- Parliamentary control (s.170)
- Judicial control
Key points
- Delegated legislation is made under powers…
- It saves time and uses expertise but receives…
- Statutory instruments are laid before…
- Courts can strike down delegated legislation…
Key terms
- Ultra vires
- Statutory instrument
- Delegated legislation
Take-home points
- Delegated legislation is made under powers given by a parent Act.
- It saves time and uses expertise but receives less scrutiny.
- Statutory instruments are laid before Parliament and may be annulled by a two-thirds vote (s.170).
- Courts can strike down delegated legislation that is ultra vires or unconstitutional.
Related case law
Full judgments on Lanbuk on the same areas of law.
- Franics Kai Kai v S (COI.APP 64/2020) [2023] SLCA 3 (18 September 2023)Sierra Leone
- Campbell & ORS v S (SC CRIM APP 4 of 1982) [1983] SLSC 16 (4 July 1983)Sierra Leone
- Fornah & 14 ORS v S (Criminal Appeal 1975) [1975] SLSC 7 (30 April 1975)Sierra Leone
- Lansana Kpayenge v R (CR APP 49 of 1960) [1961] SLCA 3 (4 April 1961)Sierra Leone
- Mohamed Bash Taqui v R (CR APP 8 of 1961) [1961] SLCA 14 (11 July 1961)Sierra Leone
- Kpangay v R, 1957-60 ALR S.L. 4Sierra Leone
- In Re: Pierre Sarr N'jie; In Re: Rule 7, Order IX of the First Schedule to the Rules of the Supreme Court, 1928 (MISC CIV CASE 63 of 1958) [1959] SLCA 1 (5 June 1959)Sierra Leone
- S (On Application of Richard Chimwendo Banda) v Director of Public Prosecutions & The Inspector General of the Malawi Police Service (Judicial Review No. 01 of 2026) [2026] MWHC 1 (14 January 2026)
Lecture notes on this subject
- Court Structure: Overview of the Sierra Leone JudiciarySierra Leone legal system
- Sierra Leone Legal System: Diploma Examination PaperSierra Leone legal system
- Sierra Leone Legal System: Diploma Examination AnswersSierra Leone legal system
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