Primary legislation and secondary legislation (the latter also called delegated legislation or subordinate legislation) are two forms of law, created respectively by the legislative and executive branches of governments in representative democracies. Primary legislation generally consists of statutes, also known as "acts", that set out broad principles and rules, but may delegate specific authority to an executive branch to make more specific laws under the aegis of the principal act. The executive branch can then issue secondary legislation (often by order-in-council in parliamentary systems, or by regulatory agencies in presidential systems), creating legally enforceable regulations and the procedures for implementing them.
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In this Dossier
- ⭐ Core Definition: Delegated legislation
- Delegated legislation in the context of Regulation
- Delegated legislation in the context of Statutory instruments
- Delegated legislation in the context of Regulation (European Union)
- Delegated legislation in the context of Statutory interpretation
- Delegated legislation in the context of New York City Rules
- Delegated legislation in the context of Sources of Singapore law
Delegated legislation in the context of Regulation
Regulation is the management of complex systems according to a set of rules and trends. In systems theory, these types of rules exist in various fields of biology and society, but the term has slightly different meanings according to context. For example:
- in government, typically regulation (or its plural) refers to the delegated legislation which is adopted to enforce primary legislation; including land-use regulation
- in economy: regulatory economics
- in finance: financial regulation
- in business, industry self-regulation occurs through self-regulatory organizations and trade associations which allow industries to set and enforce rules with less government involvement; and,
- in biology, gene regulation and metabolic regulation allow living organisms to adapt to their environment and maintain homeostasis;
- in psychology, self-regulation theory is the study of how individuals regulate their thoughts and behaviors to reach goals.
Delegated legislation in the context of Statutory instruments
In many countries, a statutory instrument is a form of delegated legislation.
Delegated legislation in the context of Regulation (European Union)
A regulation is a legal act of the European Union which becomes immediately enforceable as law in all member states simultaneously. Regulations can be distinguished from directives which, at least in principle, need to be transposed into national law. Regulations can be adopted by means of a variety of legislative procedures depending on their subject matter. Despite their name, Regulations are primary legislation rather than regulatory delegated legislation; as such, they are often described as "Acts" (e.g. the Digital Services Act).
Delegated legislation in the context of Statutory interpretation
Statutory interpretation is the process by which courts interpret and apply legislation. Some amount of interpretation is often necessary when a case involves a statute. Sometimes the words of a statute have a plain and a straightforward meaning, but in many cases, there is some ambiguity in the words of the statute that must be resolved by the judge. To find the meanings of statutes, judges use various tools and methods of statutory interpretation, including traditional canons of statutory interpretation, legislative history, and purpose.In common law jurisdictions, the judiciary may apply rules of statutory interpretation both to legislation enacted by the legislature and to delegated legislation such as administrative agency regulations.
Delegated legislation in the context of New York City Rules
The Rules of the City of New York (RCNY) contains the compiled rules and regulations (delegated legislation) of New York City government agencies. It contains approximately 6,000 rules and regulations in 71 titles, each covering a different city agency. The City Record is the official journal of New York City.
Delegated legislation in the context of Sources of Singapore law
There are three general sources of Singapore law: legislation, judicial precedents (case law), and custom.
Legislation is divided into statutes and subsidiary legislation. Statutes are written laws enacted by the Singapore Parliament, as well as by other bodies that had power to pass laws for Singapore in the past. Statutes enacted by these other bodies may still be in force if they have not been repealed. One particularly important statute is the Constitution of the Republic of Singapore, which is the supreme law of Singapore. Any law the Legislature enacts after the commencement of the Constitution that is inconsistent with it is, to the extent of the inconsistency, void. Subsidiary legislation, also known as "delegated legislation" or "subordinate legislation", is written law made by ministers or other administrative agencies such as government departments and statutory boards under the authority of a statute (often called its "parent Act") or other lawful authority, and not directly by Parliament.