Primary and secondary legislation

Primary and secondary legislation are two forms of law that are created by the legislature or an individual or body under powers given to them by the legislature. Primary legislation refers to the law proposed and enacted by the legislative body itself, while secondary legislation refers to laws that are made by an individual or body under powers given to them by the primary legislation.

Primary Legislation

Primary legislation, also known as statute law, is the law that has been formulated and passed by the legislative body of a country or state. This includes laws passed by parliament or congress, and is usually proposed in the form of a bill. Once the bill has been debated and approved by the legislative body, it becomes an act and is considered primary legislation.

Primary legislation is the most powerful form of law in a country, as it is directly enacted by the elected representatives of the people. It can only be amended or repealed by another primary legislation.

Secondary Legislation

Secondary legislation, also known as delegated legislation or subordinate legislation, is the law made by an individual or body under powers given to them by an act of primary legislation. This can include laws made by government ministers, local authorities, or other bodies.

Secondary legislation is used to fill in the details of primary legislation. For example, a primary legislation might outline the need for a new tax, but the secondary legislation would detail how much the tax is, when it is to be paid, and who it applies to.

Secondary legislation can be challenged in the courts on the grounds that the maker has acted outside of their powers, or that the legislation is unreasonable.

Relationship between Primary and Secondary Legislation

Primary and secondary legislation work together to create a comprehensive legal framework. Primary legislation provides the broad strokes and outlines the general principles, while secondary legislation fills in the details and provides the practical measures needed to implement the primary legislation.

While primary legislation is superior to secondary legislation, both are crucial for the functioning of a legal system. Without secondary legislation, primary legislation would often be too vague and general to be effectively implemented.

See Also

• Legislation
• Statutory law
• Regulatory law

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