Delegated legislation, also known as secondary legislation, is created by an authority empowered by primary legislation. It supports the primary law and can be challenged in court if it goes beyond its scope. Lawmakers conduct research before creating delegated legislation, and it cannot contravene existing law or grant unlimited powers. Challenges to delegated legislation can also affect primary legislation.
Delegated legislation is a law enacted by an authority that has been empowered through another piece of legislation. Delegated legislation, also called secondary legislation, supports the mission of primary legislation. For example, the government may pass an environmental health and safety law, and the government agency responsible for enforcing that law may pass rules to help it enforce the primary law. This legislation can be challenged in court if the scope appears to go beyond what is permitted by law. Judicial challenges to such laws may also include challenges to primary legislation.
Governmental bodies at numerous levels have the power to pass secondary legislation, depending on how a government is structured. Legislators may be able to make such laws if they are given authority under a primary piece of legislation as part of their work on a committee or task force. Additionally, regional government units such as councils and county governments can pass legislation to allow primary legislation to be enforced in their areas. Similarly, government agencies have statutory powers.
In the process of creating delegated legislation, lawmakers conduct research to determine how to structure the law and make decisions about how far it should extend. They can bring in experts to assist them in the regulatory process, to make sure the law is appropriate for their needs. Once the material is written, it can be published and people can start enforcing it. Legislators who create primary legislation are concerned with drafting it appropriately, so the powers delegated by the law are clearly delineated. This can prevent confusion and disputes in the future.
Delegated legislation cannot contravene existing law and the powers it grants are limited. In nations where legislators are concerned about contradictory and redundant legislation, people drafting secondary legislation need to be careful. They cannot create legal tangles, appropriate powers not granted by primary legislation, or duplicate existing legislation without providing clear justification for these decisions.
People can challenge delegated legislation in court. They may argue that delegated legislation is inappropriate, goes beyond the powers conferred by primary legislation, or violates other laws. In cases where the primary legislation is annulled in court, the authority for the delegated legislation is lost and can also be challenged. This is a concern for lawmakers when they scrap or revise existing legislation if they want to keep delegated legislation.
Protect your devices with Threat Protection by NordVPN
