Primary legislation is the legislation which has been passed by elected leaders, such as Parliament or Congress. Delegated legislation is rules and regulations which is set by the civil service, which cannot override Primary Legislation.
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Primary legislation is the legislation which has been passed by elected leaders, such as Parliament or Congress. Delegated legislation is rules and regulations which is set by the civil service, which cannot override Primary Legislation. For example, a piece of Primary legislation may allow a government agency to set regulations for something. These regulations would then be a type of delegated legislation.
difference between labor law and social legislation
Delegated legislation is also subject to control by the courts whose judges can declare a piece of delegated legislation to be ultra vires. Ultra viresmeans 'beyond powers', so the court would be saying that a piece of delegated legislation went beyond the powers granted by Parliament within the enabling Act. If the court does this, then the delegated legislation in question would be void and not effective.
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John E. Kersell has written: 'Parliamentary supervision of delegated legislation' -- subject(s): Delegated legislation
An Act is a primary legislation passed by a legislative body, such as a parliament, while a Statutory Instrument is a form of delegated legislation made under the authority of an Act of Parliament. Statutory Instruments provide the necessary details and regulations to implement the provisions of an Act.
Advantage of subsidiary