A.

with the help of relevant cases discuss the exception and the circumstances under which the
exceptions are made.
In Uganda Article 79(1) of the 1995 constitution republic of Uganda gave parliament the power to
make laws on any matter for the peace, order, development and good governance of Uganda.
Furthermore , Article 79(2) states that except as provides in the constitution no person or body other
that the parliament shall have power to make provisions having the force of law in Uganda except under
the authority conferred by an act of parliament.
From this clause we realise that the constitution gave an exception to the parliament under the power
given to them to delegate other subordinate people under their control to make laws which is known as
subsidiary legislation.
Subsidiary legislation refers to laws made by authorities or bodies other than the primary legislative
body such as parliament. This type of legislation is created under the authority of parent or enabling act,
which grants specific powers to designated entities to enact detailed rules and regulations necessary for
the implementation of the broader legislative framework.
Jowitt’s Dictionary of English Law stated that they are rules made by some authority subordinate to the
legislature for the regulation, administration or management of a certain district, property, undertaking,
etc. and binding on all persons who come with their scope.
WHAT ARE THE REASONS FOR SUBSIDIARY LEGISLATION?
1. Technicality of subject matter; legislation on technical matters necessitates prior consultation
with experts and interests concerned.
2. Flexibility; e.g. the fine for adultery in Penal code is 600 and it is difficult to change it because
it requires the whole parliament to sit and reverse it instead of a simple act of a minister.
3. In order to relieve pressure on parliamentary time and enable parliament to concentrate on
principles rather than details.
4. Emergency action. Deal with emergency without waiting for parliament to sit. However it
should be noted that regulations allowing emergency action apply only in war time.
5. Parliament may not be the best institution to recognize and deal with the needs of local
people-local councillors know
2. How Delegated Legislations are Put Under Control?
Delegated legislation is made by non-elected bodies away from democratically elected parliament
members. As a result, many people have to pass delegated legislation which provides a necessity for
control as without control; bodies would pass outrageous and unreasonable legislations. E.g. in the case
of Strickland v. Hayes Borrow Council 1986, where a byelaw prohibiting the singing or reciting of any
obscene language generally was held to be unreasonable as a result the passing of this delegated
legislation was rejected. Among the ways through which subsidiary legislations are controlled include:
1. Publication. S. 16 of the Uganda Interpretation Act provides, “Every statutory instrument shall be
published in the gazette and shall be judicially noticed.” The basis for publication is that in law,
ignorance of the law is no defence. In Simms Motor Units v Minister of Labour [1946] 2 ALL ER 201, it
was stated that a statutory rule or order must be published in a proper way for the information of the
public and those who are bound to comply with the regulations.
2. Approval by Parliament. This takes the form of laying delegated legislation before parliament. This
gives parliament an opportunity to scrutinize and criticize those regulations before they come into force.
E.g. Section 38 (3) of the Inspectorate of government Act, No. 5 of 2005, provides that “any regulations
made under this section shall be laid down before parliament within 21 days after publication in the
gazette and shall cease to have effect if Parliament annuls them within 21 days after they are made… “
however, it should be noted that the issue of whether a provision of laying a legislation before
parliament is mandatory or directory will normally depend on the wording of the statute, that’s why in
Starey v. Graham [1899] 1 QB 406, court found that rules which were supposed to be laid before
parliament but were not, were nevertheless valid.
3. Consultation. It is widely accepted that central government apartments take great care to consult
those bodies likely to be affected by legislation. E.g. Agricultural Horticultural and Forestry Industry
training Board v. Aylesbury Mushrooms Ltd. [1972] 1 WLR .190. The Industrial training act required the
Minister to consult any organization appearing to be (to him) representative of a substantial number of
employers. The failure to consult the mushroom flowers association rendered any order made under the
act ultra vires in so far as it sought to apply to members of the association.
4. Judicial Control. Courts will normally determine the validity of delegated legislation by applying the
test of ultra vires. This is done on this principle basis. Eg if it violates the fundamental law of the land,
especially the constitution. If it is not authorized by the parent Act, if it is passed in bad faith, if it is
unreasonable, if it is vague and uncertain, once it fails to follow procedure laid down for its enactment
etc. In the case of Kasule v Attorney General, [1971] 29 EA, Court held that the purported orders were
ultra vires the Premium Development Bond Act. The conditions were therefore invalid and plaintiff
entitled to the prize.

5. The Principles of Delegatus none protest delegare. The maxim delegates non potest delegarie (a
delegate cannot delegate) is used to express the principle that statutory authority should not be
delegated. Thus Allingham vs. Ministry of Agriculture and Fisheries (1948) 1 All E.R. 780 – Local
committees were empowered to direct farmers to grow specified crops on specified fields. A committee
decided to order eight acres of sugar beet to be grown by a farmer, but left it to their Executive Officer
to decide on which field it should be grown. It was held that the direction by the Executive Officer was
void since he had no power to decide as to the field.
6 Delegation within Limits. Delegated powers may also be exercised within the limits that are imposed
by the officer who is delegating powers e.g. S.174 of the Local Governments Act allows a Minister to
delegate powers and also to impose such conditions, exceptions or qualifications. Such limitations may
include requirements of consultations on some issues, reporting on how a power is exercised, etc. See
also S.32 of the local Governments Act
Conclusion
Conclusively, subsidiary legislation plays a crucial role in modern governance by allowing for detailed
rule making that supports implementation of broader legislative objectives while maintaining a system
of checks and balances through parliamentary oversight. However, even though the parliament
delegates some other officials to make laws it’s upon them to control the entities by publication,
approval of the parliament themselves, consultation etc.