Report No. 60
12.4. Importance of safeguards.-
It may also be noted that during recent times the discussion has centred more round safeguards in regard to delegation than round the standards laid down by the legislature while delegating its powers. It was observed by the distinguished American Writer1 Davis, in 1958:-
"The protection of advance legislative guidance is of little or no consequence as compared with the protection that can and should be provided through adequate procedural safeguards, appropriate legislative supervision or re-examination, and the accustomed scope of judicial review."
With this, we may compare the following comment made by the same writer in2 1965:-
"The impact of the Treatise has been rather substantial in its recommendation to state courts that the test of validity of delegation ought to have more to do with safeguards than with standards. The cases reviewed in this Supplement show that the standards test is on the way out, and the safeguards test is in the accendancy."
1. Davis Administrative Law Treatise, (1965), pocket Part, p. 55, para. 2.17, cited in Jaffe and Nathanson Administrative Law, Cases and Materials, (1968), p. 93.
1. Davis Administrative Law Treatise, (1958), Vol. I, p. 98.