Constitutional Limits of Delegation of the Law-making Competence

Abstract

The exercise of legislative authority and, consequently, the determination of the country's policy while regulating public relations, constitutes the constitutional prerogative of the direct representative of the people - the Parliament. Nevertheless, considering the extensive nature of legislative activities and the intricacies of contemporary governance, there are instances where entrusting legislative functions to the executive branch becomes unavoidable. In scholarly literature and judicial practice, the delegation of the law-making function seldom sparks dissent. Although the extent and scope of delegation itself are permissible for constitutional purposes, it remains a subject of fervent debate. The Constitutional Court of Georgia has also established specific standards concerning the delegation of law-making competence. However, judicial decisions on this matter are not abundant. This paper is dedicated to exploring the delegation instrument and analyzing relevant international standards.

Keywords

• judicial review
• constitutional prerogatives
• legislative authority
• executive authority
• representative democracy