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Bolivia: Decree Nationalizing Tin Mines

Bolivia: Decree Nationalizing Tin Mines COMMENTS 79 transfer of power amounted to delegation of legislative power sensu stricto, which they considered inacceptable in principle. Out of these divergent views, a rather complicated picture emerged. The clause referring to restrictions and modifications was saved by a majority of five judges (the three judges and the two partly dissenting judges) against two, whereas the opinion of the two entirely dissenting judges plus the opinion of the two partly dissenting judges in respect of the clause concerning repeal and amendment prevailed over the group of three judges. Thus in the words of Lord Hewart, the Supreme Court of India has located the highwater mark for certain types of delegation of legislative power in India and has indicated what kind of clauses extending delegation would be ultra vires or intra vires. It has also tended to explain delegated legislation by the concept of conditional, ancillary, or subordinate legislation. The decision of the Supreme Court has since been followed by a number of High Courts which have declared delegation of legislative power in principle valid, but subject to definite limita­ tions. They also have followed the Supreme Court in rejecting clauses of repeal and amendment as unconstitutional, while accepting http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

Bolivia: Decree Nationalizing Tin Mines

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Publisher
Oxford University Press
Copyright
© 1954 by The American Association for the Comparative Study of Law, Inc.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.2307/837127
Publisher site
See Article on Publisher Site

Abstract

COMMENTS 79 transfer of power amounted to delegation of legislative power sensu stricto, which they considered inacceptable in principle. Out of these divergent views, a rather complicated picture emerged. The clause referring to restrictions and modifications was saved by a majority of five judges (the three judges and the two partly dissenting judges) against two, whereas the opinion of the two entirely dissenting judges plus the opinion of the two partly dissenting judges in respect of the clause concerning repeal and amendment prevailed over the group of three judges. Thus in the words of Lord Hewart, the Supreme Court of India has located the highwater mark for certain types of delegation of legislative power in India and has indicated what kind of clauses extending delegation would be ultra vires or intra vires. It has also tended to explain delegated legislation by the concept of conditional, ancillary, or subordinate legislation. The decision of the Supreme Court has since been followed by a number of High Courts which have declared delegation of legislative power in principle valid, but subject to definite limita­ tions. They also have followed the Supreme Court in rejecting clauses of repeal and amendment as unconstitutional, while accepting

Journal

American Journal of Comparative Law – Oxford University Press

Published: Jan 1, 1954

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