Question

Difficulty: HardRule of Law and Constitutionalism: Principles, Safeguards, and Limitations

Under the framework of constitutionalism and the Rule of Law, administrative regulations and delegated legislation issued by executive bodies are immune from judicial review unless the enabling parent Act expressly grants courts the authority to inspect them.

Answer: Answer

Answer

The statement is false because the judiciary possesses inherent jurisdiction through the doctrine of ultra vires to review and declare invalid any delegated legislation that exceeds legislative authorization or breaches constitutional standards.
The statement is false because constitutionalism empowers the judiciary with inherent oversight over executive rulemaking. Under the doctrine of ultra vires, courts can invalidate any administrative rule or regulations that violate constitutional provisions or exceed statutory powers without needing express permission within the enabling statute.

Step-by-Step Solution

1
Analyze the claim regarding executive delegated legislation and judicial oversight.
The statement claims executive regulations cannot be reviewed by courts unless the enabling statute explicitly permits judicial review.
Evaluating constitutional safeguards requires identifying the scope of judicial review over executive rulemaking.
2
Apply the principles of the Rule of Law and constitutional control mechanisms.
An essential safeguard of the Rule of Law is judicial control over subordinate legislation to prevent executive arbitrariness.
Courts ensure executive bodies operate strictly within the powers delegated to them by the legislature.
3
Determine the legal validity of delegated legislation exceeding authority (ultra vires).
Any statutory instrument that exceeds the parent Act's mandate or violates constitutional provisions is ultra vires and void upon judicial review, regardless of whether the parent Act contains explicit review clauses.
Delegated legislation is subordinate to both the Constitution and primary legislation, making it subject to court scrutiny.

Key Concept

Judicial Control of Delegated Legislation and the Ultra Vires Doctrine
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