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t. e. Primary legislation and secondary legislation (the latter also called delegated legislation or subordinate legislation[ 1]) are two forms of law, created respectively by the legislative and executive branches of governments in representative democracies. Primary legislation generally consists of statutes, also known as ' acts ', that set ...
Legal interpretation in South Africa refers to the juridical understanding of South African legislation and case law, and the rules and principles used to construct its meaning for judicial purposes. [ 1] Broadly speaking there are three means by which and through which South African scholars and jurists construe their country's statutory law ...
Legislation is the process or result of enrolling, enacting, or promulgating laws by a legislature, parliament, or analogous governing body. [1] Before an item of legislation becomes law it may be known as a bill , and may be broadly referred to as "legislation" while it remains under consideration to distinguish it from other business.
Common-law precedent is a third kind of law, on equal footing with statutory law (that is, statutes and codes enacted by legislative bodies) and subordinate legislation (that is, regulations promulgated by executive branch agencies, in the form of delegated legislation) in UK parlance – or regulatory law (in US parlance).
Diagram showing the interaction of sections 3, 4 and 10 of the Human Rights Act 1998. Section 3 (1) states that "So far as it is possible to do so, primary legislation and subordinate legislation must be read and given effect in a way which is compatible with the Convention rights." [ 6] Accordingly, a court must read any statute passed by ...
The Supremacy Clause of the Constitution of the United States ( Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the "supreme Law of the Land", and thus take priority over any conflicting state laws. [ 1] It provides that state courts are bound by, and ...
Ultra vires ('beyond the powers') is a Latin phrase used in law to describe an act that requires legal authority but is done without it. Its opposite, an act done under proper authority, is intra vires ('within the powers'). Acts that are intra vires may equivalently be termed "valid", and those that are ultra vires termed "invalid".
Subsidiary legislation is authorized by the Basic Law under Article 56 and 62. Control of subsidiary legislation. There are concerns that subsidiary legislation may be abused and threaten the powers of the legislature. Therefore, there are methods for controlling subsidiary legislation, the main ones being legislative control and judicial review.