STATUTORY RULES AND ORDERS. The British par liament being a sovereign body, its acts cannot be challenged as ultra vires. "Statutory rules and orders," not passed directly by parliament but made under delegated powers, have no such im munity. Occasionally a statute, when authorizing such delega tions, directs that the resultant rules, regulations or orders shall "have effect as if enacted in this Act." These words, formerly used by draftsmen when annexing schedules to statute's, may place the rules and orders beyond challenge (Patent Agents Insti tute v. Lockwood, 1894, A.C. 347), but normally the law courts will vigilantly examine the departmental exercise of legislative power. Law-making by statutory rules and orders was immensely extended during the World War, under the Defence of the Realm Acts, and is authorized by the Emergency Powers Act of 1920, when the community requires special protection. The pressure upon parliamentary time is developing a system by which Acts contain bare principles of law, and the clothing of the skeleton is left to subordinate rule-making. The making of rules of procedure in various courts or Orders in Council (see PRIVY COUNCIL) to bring Acts into effect on appointed days are well-known instances of such delegated legislation. Special provisions exist for the publi
cation of draft rules (see especially the limited effect of s. 1 of the Rules Publication Act, 1893), for consultation with interests concerned, for control by parliament, and for the promulgation of all subordinate legislation when finally made. The extremely lim ited and unsatisfactory character of parliamentary control over this delegation of its powers, and the fact that the enabling statute itself often excludes control by the courts, has given rise to repeated demands, both in and out of parliament, that some means shall be devised of restoring the control alike of parlia ment and the courts over the exercise of this legislative power by government departments. As a result of this agitation, a Com mittee was appointed by the Lord Chancellor in the autumn of 5929 to explore and report upon the situation.
See C. T. Carr, Delegated Legislation (1921) ; J. H. Morgan, Remedies against the Crown (1926) ; Lord Justice Sankey, Principles and Practice of the Law To-day (5928). (C. T. C.)