Abstract

Notwithstanding historical arguments surrounding the constitutionality of the delegation of legislative power, the practice is now an accepted feature of the legislative process in St. Kitts and Nevis to the extent that it is more likely than not that laws are passed which include provisions enabling ministers or other senior public officials to make subsidiary legislation. The Eastern Caribbean Supreme Court has considered the question of the constitutionality of the delegation of legislative power and has ruled that the practice is ‘not unconstitutional per se’. The critical question is, what makes it constitutional or not and what is necessary to ensure that the making of subsidiary legislation is within the bounds of the Constitution. Stated otherwise, what is necessary to ensure an effective enabling clause?
This article highlights how it is necessary to include measures within enabling clauses that circumscribe the exercise of delegated legislative power and require parliamentary oversight of the making of subsidiary legislation. By so doing, the quality of enabling clauses in St. Kitts and Nevis legislation can be greatly improved.