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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.

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Q: Difference between legislation and delegated legislation?
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What is the difference between primary legislation and delegated legislation?

Primary legislation is laws enacted by a legislative body, such as an act of parliament, that outlines broad principles and establishes legal frameworks. Delegated legislation, on the other hand, is legislation made by authorities or bodies other than the legislature and is used to fill in the details or provide specific regulations under the primary legislation.


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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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