World Library  
Flag as Inappropriate
Email this Article

Delegated legislation

Article Id: WHEBN0022064210
Reproduction Date:

Title: Delegated legislation  
Author: World Heritage Encyclopedia
Language: English
Subject: Politics of Finland, Parliament, National Assembly, Regulation, Order in Council, Executive order, Tynwald, Rulemaking, Law of Singapore, Legislative act
Collection:
Publisher: World Heritage Encyclopedia
Publication
Date:
 

Delegated legislation

Delegated legislation (also referred to as secondary legislation or subordinate legislation or subsidiary legislation) is law made by an executive authority under powers delegated from a legislature by enactment of primary legislation; the primary legislation grants the executive agency power to implement and administer the requirements of that primary legislation. It is law made by a person or body other than the legislature but with the legislature's authority.[1] The power to create delegated legislation is limited to making regulation that is incidental to administering the primary legislation. Otherwise it will be considered as invalid or ultra vires.[2]

Often, a legislature passes statutes that set out broad outlines and principles, and delegates authority to an executive branch official to issue delegated legislation that flesh out the details (substantive regulations) and provide procedures for implementing the substantive provisions of the statute and substantive regulations (procedural regulations). Delegated legislation can also be changed faster than primary legislation so legislatures can delegate issues that may need to be fine-tuned through experience.

In the United States the terminology is as follows:

  • the statute that delegates authority (referred to above as "primary legislation") is called an "authorizing statute" or "delegation of rule making authority"
  • the resultant law promulgated by the executive branch agency (referred to above as "secondary legislation") is called a "regulation"—in common law systems, "legislation" is used exclusively to refer to acts of a legislative branch, never the executive or judicial branch
  • the body of law that governs the agency's exercise of rule making and adjudication powers is called "administrative law," primarily the Administrative Procedure Act.


See also

Notes

  1. ^ "Delegated Legislation". lawteacher.net. Retrieved 18 September 2012. 
  2. ^ [1957] ALR 171"Shanahan v Scott"see . Austlii. 
This article was sourced from Creative Commons Attribution-ShareAlike License; additional terms may apply. World Heritage Encyclopedia content is assembled from numerous content providers, Open Access Publishing, and in compliance with The Fair Access to Science and Technology Research Act (FASTR), Wikimedia Foundation, Inc., Public Library of Science, The Encyclopedia of Life, Open Book Publishers (OBP), PubMed, U.S. National Library of Medicine, National Center for Biotechnology Information, U.S. National Library of Medicine, National Institutes of Health (NIH), U.S. Department of Health & Human Services, and USA.gov, which sources content from all federal, state, local, tribal, and territorial government publication portals (.gov, .mil, .edu). Funding for USA.gov and content contributors is made possible from the U.S. Congress, E-Government Act of 2002.
 
Crowd sourced content that is contributed to World Heritage Encyclopedia is peer reviewed and edited by our editorial staff to ensure quality scholarly research articles.
 
By using this site, you agree to the Terms of Use and Privacy Policy. World Heritage Encyclopedia™ is a registered trademark of the World Public Library Association, a non-profit organization.
 



Copyright © World Library Foundation. All rights reserved. eBooks from World eBook Library are sponsored by the World Library Foundation,
a 501c(4) Member's Support Non-Profit Organization, and is NOT affiliated with any governmental agency or department.