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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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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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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

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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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Types of delegated legislation

TYPES OF DELEGATED LEGISLATION :

Delegated Legislation is a term which covers the vast amount of legislation made by government agencies and the Governor-General under authority of Acts of Parliaments, which delegate this power to agencies. This type of legislation is also known as Subordinate Legislation or, since 2005, Legislative Instruments. Within the broad area of Delegated Legislation the following more specific terms are sometimes used:

Regulation

The most common form of delegated legislation. Used for legislation of general application emanating from a government department. Published in the Statutory Rules series until 2004 and in the Select Legislative Instrument series from 2005

Rule

Legislation specifying procedural formalities, eg court procedures such as the High Court Rules. Published in the Statutory Rules series until 2004

Ordinance

Primary legislation of non self governing territories, made by a federal government department to apply to a particular territory. Also used for the legislation of some State local government bodies.

By-law

Made by a statutory corporation having effect only within the area of responsibility of the authority. Also used for the legislation of some State local government bodies

There is also a range of other delegated legislation which includes: Decisions, Declarations, Determinations, Directions, Orders, etc.

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