Lectures in administrative law XXVIII

Abstract

The Parliament has the ability to grant the Executive branch the power to create laws in the form of subsidiary legislation, which is often referred to as legal notices. For example, we can look at Legal Notice 162 of 2016, which deals with issues related to maintaining adequate sanitary levels in buildings. This specific legal notice was introduced by the Minister for Planning, and its creation was made possible by the provisions outlined in Chapter 552, specifically within the Development Planning Act. These rules, established by the Parliament, give the Minister for Planning the right to create legal notices that address matters concerning sanitation regulations. Just as we've seen with administrative actions, there are situations where individuals might want to challenge legislative acts, not least those enacted by the executive branch. This could be because the Minister, while creating a legal notice, went beyond the scope of authority granted by the legislative body, in this case, the Parliament. Unlike administrative acts, which can be reviewed before specialized tribunals or the Administrative Review Tribunal (ART) or through Article 469A, the process for reviewing legislative acts is different. Of course, we will proceed to examine the various available options for addressing this matter in the subsequent sections.