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Introduction to The Problem: Delegated legislation in Indonesia is a new type of legislation that should be interpreted and ruled carefully. However, nowadays, the Indonesian legal system has no fixed term for delegated legislation and no hierarchy on it. Furthermore, as many as 57.677 regulations at the level of Ministries, Agencies and State Institutions have the potential to overlap regulations and become subject to judicial review in the Supreme Court Purpose/Objective Study: This article aims to analyze the best term and hierarchy of delegated legislation in the legal system in Indonesia. Design/Methodology/Approach: This legal research conducted normative studies, by examining previous studies on delegated legislation and Electronic and Information Transaction (EIT) law to imagine the delegated legislation type and hierarchy. The data was analyzed by a prescriptive method to give a new idea regarding delegated legislation in Indonesia's legal system. Findings: This paper finds no fixed term for delegated legislation in the Indonesian legal system. There is a loophole in the Indonesian legal system related to delegated legislation. However, some scholars argue that delegated legislation in Indonesia can be found in Government Regulation, Presidential Regulation, Local Regulation and beleidsregel in Article 8 Paragraph (1) Law Number 12 of 2011 concerning Establishing Statutory Regulation and its amendment. As a suggestion, the amendment of the Law on Establishing Statutory Regulation is a must in carrying delegated legislation definition, purpose and hierarchy. [ABSTRACT FROM AUTHOR]

This article examines the judicial review of delegated legislation after the Supreme Court of Canada’s 2019 landmark administrative law decision Canada (Minister of Citizenship and Immigration) v Vavilov. Using environmental regulations as an example, the article focuses on Cabinet-enacted regulations—a delegated instrument that has traditionally demanded significant judicial deference on review—and considers the recent trend of appellate courts to follow Vavilov’s presumption of reasonableness when determining the standard of review. Delegated legislation is an important, but not often discussed, tool for Canadian legislatures to implement and create laws via the executive branch of government. However, because of Canada’s flexible relationship between the legislature and the executive, this important lawmaking tool may sometimes become a backdoor method for governments to create laws that would not be politically desirable for the legislature to pass directly, where they would be open to criticism, debate, and vote. While critics might view judicial interference with the legislature and executive’s delegation relationship as inappropriate, I argue that a more searching judicial review of regulations under Vavilov strengthens the separation of powers and upholds the rule of law. Although courts will not question the policy wisdom of delegates, Vavilov’s reformulated reasonableness constraints may require the executive to more thoroughly justify their delegated lawmaking through the regulatory record. Under this approach, the legislative branch still maintains sovereignty. Subject to the visibility of primary lawmaking, legislatures may ultimately restrict judicial review to the extent constitutional via legislated standards of review. [ABSTRACT FROM AUTHOR]

Australia's combustible cladding crisis is estimated to cost approximately $6 billion to remediate. No study has been published which determined the causative factors for the magnitude of this issue. Investigators for the Federal Building Ministers' Forum stated that building practitioners misinterpreted or ignored the requirements of the National Construction Code. However, research by the authors showed that the cause of Australia's combustible cladding crisis are likely deficiencies in the National Construction Code itself. A comparative analysis of historic National Construction Code requirements and recent National Construction Code changes in response to cladding fires showed that the factors which contributed to Australia's combustible cladding crisis were present for nearly 20 years. Findings also showed that some of the newly introduced measures incorporated in the National Construction Code to address the combustible cladding crisis do not fully address combustible cladding risks and fail to completely address the historical deficiencies. [ABSTRACT FROM AUTHOR]

Substantial numbers of criminal offences are created in the UK in delegated legislation, often carrying heavy maximum penalties. The majority are created in statutory instruments passed under the negative resolution procedure, which offers very limited opportunity for scrutiny and does not involve a parliamentary vote. This phenomenon has slipped under the radar of orthodox criminal law scholarship, where debate has focused primarily on the criteria that should be used to determine the content of the criminal law and on the principles to which such offences should conform, rather than on the process of creating criminal offences. Creating offences in delegated legislation raises questions of democratic legitimacy and has resulted in criminal offences being created which do not conform to basic principles of fair notice and proportionality of penalty. To address this, we propose that parliamentary approval should be required for all serious offences. It would be impractical to do this for all criminal offences, and direct participation in the legislative process via consultation can act as an alternative (or additional) legitimating principle. This does, however, require that the consultation process complies with certain basic minimum requirements, and we explain how these requirements might appropriately be framed. [ABSTRACT FROM AUTHOR]

The article focuses on recent Commission Implementing Regulations concerning the registration and amendment of protected designations of origin and geographical indications. Topics include the registration of various food products, updates on feed additive authorizations, and amendments related to food safety and import regulations.

Originalist proponents of a tougher nondelegation doctrine confront the many broad delegations that Congress enacted in the 1790s by claiming that each fell into some exceptional category to which the original nondelegation doctrine was inapplicable or weakly applicable, one being foreign affairs. There is lively debate on whether the founding generation actually recognized an exception to nondelegation principles for foreign affairs. This Article, commissioned for a symposium on “The Statutory Foreign Affairs Presidency,” intervenes in the debate by examining the Embargo Authorization Act of 1794, which empowered the President to lay an embargo on all ships in U.S. ports (and/or other classes of ships) if “the public safety shall so require,” for the upcoming five-month congressional recess. This was a delegation of remarkable power over the U.S. economy, which at the time depended heavily on maritime transport. An examination of the Act undermines the idea that there existed a foreign-affairs exception to cover it. Originalist proponents of a tougher nondelegation doctrine claim the doctrine was meant to protect private individual rights of liberty and property, yet Americans in the late 1700s lived in an economy that was more dependent on foreign commerce than it has ever been since, in which a five-month international embargo could be disastrous for private business nationwide. In this context, an “exception” for foreign affairs would be strange, turning economic reality on its head. Furthermore, the Act itself flouted any objective or even workable distinction between the foreign and the domestic. The Act’s unqualified use of the term “embargo” authorized the President to prohibit the departure of all ships, not only those sailing to foreign ports but also to other U.S. ports in the coastwise trade, which was then the main channel of U.S. domestic commerce. And even if the President were to impose an embargo aimed mainly at international maritime trade, preventing evasion of such a restriction required regulation of the coastwise trade—regulation that contemporaries apparently understood the Act to authorize. [ABSTRACT FROM AUTHOR]

The text presents the presentation of the XVI International Symposium of the Martín de Azpilcueta Institute, which focuses on "Universal Legal Principles and Canon Law". The author highlights the importance of appealing to these principles in a moment of institutional crisis in the world, where the capacity of the legal system to guarantee freedoms is questioned and the separation of powers is eroded. The tendency to abuse decree laws in Spain and the lack of clarity in legislation are also mentioned. In addition, the importance of legal criticism in the ecclesiastical field is pointed out, and the need to improve the legal system in service of the common good and the salvation of souls is emphasized. [Extracted from the article]

Parliamentary Control of Delegated Legislation: Lessons from a Comparative Study of the UK Parliament and the Korean National Assembly As the scale of administrative agencies expands and their functions become more specialized in the complex and variable administrative reality, delegated legislation has increased explosively. This article examines the need for the introduction of appropriate parliamentary controls to prevent harm caused by the flood of delegated legislation. Through comparison with the UK Parliament, this article identifies the relative position of the Korean National Assembly and presents measures to strengthen parliamentary scrutiny on delegated legislation. [ABSTRACT FROM AUTHOR]

Australia was once a world leader in parliamentary oversight of delegated legislation. Today, parliamentary scrutiny has been undermined by a number of factors, including overly wide delegations, uncritical bi-partisan support for measures, party discipline restraining oversight, abuse of the disallowance procedure and parliamentary recesses to avoid parliamentary scrutiny, and interest-group capture within government. One of the reasons for the current state of affairs has been the constitutional orthodoxy in Australia that the courts do not intervene in the relationship between Parliament and the Executive. This article develops an alternative to that orthodoxy. I argue that the courts have a proper and necessary role in prodding parliamentary oversight of executive power, specifically in the delegated legislative sphere. [ABSTRACT FROM AUTHOR]

TABLE OF CONTENTS I. BACKGROUND 837 II. THE SIGNIFICANCE OF TSA'S FACIAL RECOGNITION 841 PROGRAM III. HISTORICAL DEFERENCE TO AGENCY INTERPRETATIONS 845 IV. HOW THE COURT MIGHT REVIEW THE TSA'S [...], The Transportation Security Administration (TSA) has begun using facial recognition technology (FRT) to screen passengers at airports. Although travelers can currently opt out, it is not clear that this will continue to be an option as the program expands. This raises significant concerns about the amount of personally identifiable information being collected by the agency, as well as the level of discretion the agency has to implement this increasingly invasive technology without input from Congress. This Note proposes that, in light of the United States Supreme Court's shift away from its deferential Chevron standard for reviewing agency action, litigators can and should argue that the TSA's program ought to be struck down. Furthermore, it concludes that, regardless of whether the TSA's program would be invalidated in court, Congress should step in and pass legislation guiding the agency's adoption of FRT. Although much has been written about the Court's evolving Chevron-deference jurisprudence, this Note contributes to the discussion by applying this analysis to the TSA's potentially problematic new FRT program.

The institution of deputy minister in the Turkish Public Administration system was introduced in 2011 through Decree Law No. 643. Criticisms arose regarding the inadequacy of the deputy minister institution in certain areas. Moreover, Following the abolishment of the undersecretary institution, there are views that the void created have not been filled. This study, which aims to highlight the pros and cons of the Deputy Minister system, was conducted in collaboration with active and retired senior ministry bureaucrats who have experienced both the old and new eras. In this research, a qualitative research design, predominantly used in social sciences, was chosen. The necessary data for the research was collected through a semi-structured interview form consisting of specific questions. After the interviews, the obtained data were categorized into themes and subthemes using content analysis technique. Additionally, descriptive analysis technique was employed to include direct quotations from the interview forms. As a result of the research, four main themes were identified: "Qualities of the Deputy Minister Institution," "Qualities of the Undersecretary Institution," "Deputy Minister and Undersecretary Institutions in Terms of Institutional Sustainability," and "Recommendations for the Deputy Minister Institution." Through thematic analysis, participants emphasized that Deputy Ministers prioritizing political affairs was the most important quality, and they positively evaluated the acceleration of the decision-making process within the ministry organization. Mastery of business processes and personnel, as well as career advancement based on merit, were identified as the primary advantages of Undersecretaries over Deputy Ministers. In conclusion, participants stressed that it would be very challenging to maintain the Deputy Minister system in its current form and recommended the implementation of new regulations that incorporate the positive aspects of the Undersecretary system. [ABSTRACT FROM AUTHOR]