Rule of Law and Lawmaking
Rule of Law and Lawmaking
A dysfunctional legislature and a powerful executive severely weakens the rule of law. Lawmaking should not become an exercise of power by the majority but instead strictly adhere to the legal process which includes dialogue, reasoning, and open debate. By examining the functioning of Parliament and state legislatures over the years, the adherence, or otherwise, to the established process in the making of laws is critically analysed. The nature of the modern state, particularly a state that has a primary role in the social and economic life of society, has meant a regular exercise of the power of delegated legislation. Delegated legislation is accompanied by the threat of an arbitrary exercise of power as well as the influence of irrelevant considerations in decision-making. Using specific examples, the chapter examines whether the use of delegated legislation in India has been a threat to the Rule of Law.
Keywords: majoritarianism in law making, delegated legislation, arbitrary exercise of power, functioning of legilature
Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.
Please, subscribe or login to access full text content.
If you think you should have access to this title, please contact your librarian.
To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .
