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Cases Legislation

The document provides an overview of key cases related to legislation and delegated legislation across India, the United States, and the United Kingdom, highlighting how courts have interpreted these legal frameworks. It discusses landmark cases such as Kesavananda Bharati v. State of Kerala and Marbury v. Madison, which established foundational principles like the Basic Structure Doctrine and judicial review. Additionally, it addresses issues related to delegated legislation, including procedural fairness and the limits of delegation, with examples from various jurisdictions.

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Vikas Singh
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22 views4 pages

Cases Legislation

The document provides an overview of key cases related to legislation and delegated legislation across India, the United States, and the United Kingdom, highlighting how courts have interpreted these legal frameworks. It discusses landmark cases such as Kesavananda Bharati v. State of Kerala and Marbury v. Madison, which established foundational principles like the Basic Structure Doctrine and judicial review. Additionally, it addresses issues related to delegated legislation, including procedural fairness and the limits of delegation, with examples from various jurisdictions.

Uploaded by

Vikas Singh
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Here’s an overview of cases related to legislation and delegated legislation,

focusing on how courts have interpreted or reviewed these legal frameworks:

1. Legislation: Interpretation and Application

a. India: Kesavananda Bharati v. State of Kerala (1973)

Issue: The scope of legislative power under the Indian Constitution.

Impact:

Established the Basic Structure Doctrine, limiting Parliament's power to


amend the Constitution.

Emphasized that certain fundamental principles (e.g., rule of law, separation


of powers) cannot be altered.

b. United States: Marbury v. Madison (1803)

Issue: Judicial review and the role of legislation.

Impact:

Established the principle of judicial review, empowering courts to strike down


laws that violate the Constitution.

Defined the boundary between legislative authority and constitutional


mandates.
c. United Kingdom: R (Jackson) v. Attorney General (2005)

Issue: Validity of legislation passed using the Parliament Acts (1911 and
1949).

Impact:

Upheld the Hunting Act 2004, passed without the House of Lords’ consent.

Demonstrated the evolving role of parliamentary sovereignty.

2. Delegated Legislation: Judicial Review and Challenges

a. India: In Re Delhi Laws Act (1951)

Issue: Constitutionality of delegated legislation under Indian law.

Impact:

Upheld the validity of delegated legislation with limitations.

Stated that Parliament could delegate legislative functions but not essential
legislative powers.

b. UK: Agricultural Training Board v. Aylesbury Mushrooms Ltd (1972)

Issue: Procedural fairness in delegated legislation.


Impact:

Delegated legislation was declared invalid as the statutory requirement for


consultation was not met.

Highlighted the importance of adhering to procedural safeguards.

c. US: Chevron U.S.A., Inc. v. Natural Resources Defense Council (1984)

Issue: Deference to administrative agencies interpreting delegated


legislation.

Impact:

Established the "Chevron Deference," requiring courts to defer to reasonable


agency interpretations of ambiguous statutes.

Strengthened the role of regulatory agencies.

Key Issues in Delegated Legislation

Excessive Delegation: Courts often scrutinize whether delegation exceeds


constitutional or statutory limits.

Example: Panama Refining Co. v. Ryan (1935) in the U.S., where excessive
delegation to the executive was struck down.
Procedural Requirements: Failure to meet procedural standards (e.g.,
consultation, publication) can invalidate delegated legislation.

Example: Aylesbury Mushrooms case.

Ultra Vires Doctrine: Courts examine whether the delegated legislation


exceeds the powers conferred by the parent statute.

Example: R v. Home Secretary, ex parte Fire Brigades Union (1995) in the UK,
where delegated legislation conflicting with primary legislation was struck
down.

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