Delegated Legislation

Delegated legislation in Law Enforcement

Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of delegated legislation.

Resources

English Legal System: Delegated Legislation

In the context of the English law, A Dictionary of Law provides the following legal concept of Delegated Legislation : (subordinate legislation)

Legislation made under powers conferred by an Act of Parliament (an enabling statute, often called the parent Act). The bulk of delegated legislation is governmental: it consists mainly of *Orders in Council and instruments of various names (e.g. orders, regulations, rules, directions, and schemes) made by ministers (See also government circulars). Its primary use is to supplement Acts of Parliament by prescribing the detailed and technical rules required for their operation; unlike an Act, it has the advantage that it can be made (and later amended if necessary) without taking up parliamentary time. Delegated legislation is also made by a variety of bodies outside central government, examples being *byelaws, the *Rules of the Supreme Court, and the codes of conduct of certain professional bodies (See also orders of council).

Most delegated legislation (byelaws are the main exception) is subject to some degree of parliamentary control, which may take any of three principal forms:

(1) a simple requirement that it be laid before Parliament after being made (thus ensuring that members become aware of its existence but affording them no special method or opportunity of questioning its substance);

(2) a provision that it be laid and, for a specified period, liable to annulment by a resolution of either House (negative resolution procedure); or (3) a provision that it be laid and either shall not take effect until approved by resolutions of both Houses or shall cease to have effect unless approved within a specified period (affirmative resolution procedure). In the case of purely financial instruments, any provision for a negative or affirmative resolution refers to the House of Commons alone. (See also statutory instrument; special procedure orders.)

All delegated legislation is subject to judicial control under the doctrine of *ultra vires. Delegated legislation is interpreted in the light of the parent Act, so particular words are presumed to be used in the same sense as in that Act. This rule apart, it is governed by the same principles as those governing the *interpretation of statutes.

Meaning of Delegated Legislation in Canada

In this country (and some others), a meaning of Delegated Legislation may be the following: Legislation made not by Parliament but by persons or bodies on whom Parliament has conferred power to legislate on specified subjects (The Oxford Companion to Law by David M. Walker, 1982, p. 347). See also the entry about Subordinate Legislation .

Hierarchical Display of Delegated legislation

Politics > Executive power and public service > Executive body > Executive competence
Politics > Executive power and public service > Administrative law > Delegation of power
Politics > Politics and public safety > Politics > Legislative-executive relations
Law > Sources and branches of the law > Source of law > Legislation > Ordinance

Meaning of Delegated legislation

Overview and more information about Delegated legislation

For a more comprehensive understanding of Delegated legislation, see in the general part of the online platform.[rtbs name=”xxx-xxx”]

Resources

Translation of Delegated legislation

Spanish: Legislación delegada
French: Législation déléguée
German: übertragene Gesetzgebungsbefugnis
Italian: Delegazione legislativa
Portuguese: Autorização legislativa
Polish: Ustawodawstwo delegowane

Thesaurus of Delegated legislation

Politics > Executive power and public service > Executive body > Executive competence > Delegated legislation
Politics > Executive power and public service > Administrative law > Delegation of power > Delegated legislation
Politics > Politics and public safety > Politics > Legislative-executive relations > Delegated legislation
Law > Sources and branches of the law > Source of law > Legislation > Ordinance > Delegated legislation

Delegated Legislation

Delegated Legislation