Судовий контроль делегованого законодавства (на прикладі країн англо-американської системи права)

The use of devolved legislation as a means of governance deserves considerable attention given the enormous impact it can have on the lives of citizens. While reforming the process of parliamentary oversight is an important means of minimizing the misuse of delegated legislation, this paper explores the possibility of more effective use of judicial review as an additional oversight mechanism on the example of national legal systems of the Anglo-American legal family. The purpose of the study is to find out the peculiarities of the mechanism of judicial review of delegated legislation in the countries of the Anglo-American (common) world system of law (legal family). In the course of the study, the author applied such methods of scientific research as structural and functional, systemic, logic, comparative legal, legal and dogmatic, interpretation of legal norms, etc. The author makes a theoretical analysis of the essence of delegated legislation as acts of executive power and its differences from primary legislation with a view to determining the proper normative orientation of judicial control over delegated legislation – compliance with the moral requirements of delegation relations and ensuring democratic accountability and the rule of law. The author analyzes the grounds for reviewing delegated legislation. The author presents the results of an attempt to critically assess the possible ways to fill the existing doctrinal gaps. It is concluded that the doctrine of non-delegation and the principle of judicial review based on the rule of law are aimed at exercising delegated powers and are considered to be the most effective. They are aimed at the implementation of delegated lawmaking and can effectively complement the legislation on judicial review of delegated legislation. The existing grounds for review that have been applied to delegated legislation in Anglo-American law countries so far are mainly aimed at ensuring the moral responsibility of MPs, but still do not sufficiently address the specific problems of democratic accountability and the rule of law. Therefore, in order for judicial review to be able to directly address the specific democratic accountability and rule of law issues arising from delegated legislation, it is important to develop a universal doctrine of judicial review that would regulate both the granting of delegated legislative powers and the exercise of such powers.