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CS Executive · Jurisprudence, Interpretation and General Laws · Administrative Laws

A statute empowers the Government to 'make any law it considers necessary on the subject of trade licensing' without laying down any policy or standards. A court is most likely to hold this delegation:

The delegation is likely to be held invalid for excessive delegation. The legislature must itself lay down the policy and standards and may delegate only ancillary details. Giving the executive unguided power to make any law abdicates the essential legislative function, and later publication cannot cure that.

  1. AValid, because the legislature may delegate anything it wishes
  2. BValid, because courts cannot examine the extent of delegation
  3. CInvalid for excessive delegation, as the legislature abdicated its essential legislative functionCorrect
  4. DValid only if the rules are later published in the Gazette

Explanation

The legislature may delegate ancillary or subordinate functions but must lay down the policy and guidelines itself. Handing over unguided, uncontrolled power amounts to abdication of essential legislative function, i.e. excessive delegation. Gazette publication does not cure this defect.

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