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CS Executive · Jurisprudence, Interpretation and General Laws · Sources of Law

Parliament passes an Act empowering the Government to make rules for carrying out the Act. A rule framed under it conflicts with a provision of the Act itself. What is the legal position?

The rule is void to the extent of the conflict. Delegated legislation draws its force from the parent Act and cannot override or contradict it, so a rule inconsistent with the Act is ultra vires and courts can strike it down.

  1. AThe rule prevails because it is more specific and later in time
  2. BThe rule is valid because the executive is expert in the matter
  3. CThe rule is valid unless Parliament objects within a year
  4. DThe rule is void to the extent of the conflict, as delegated legislation cannot override its parent ActCorrect

Explanation

Delegated legislation must stay within the authority conferred by the parent Act. A rule inconsistent with the Act is ultra vires to that extent and can be struck down by courts. Being later or specific does not give the rule priority over the enabling statute.

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