Subordinate legislation

In parliamentary systems of government, primary legislation and secondary legislation, the latter also called delegated legislation or subordinate legislation, are two forms of law, created respectively by the legislative and executive branches of government. Primary legislation generally consists of statutes, also known as "acts", that set out broad outlines and principles, but delegate specific authority to an executive branch to make more specific laws under the aegis of the principal act. The executive branch can then issue secondary legislation (mainly via its regulatory agencies), creating legally-enforceable regulations and the procedures for implementing them.

In the United Kingdom, and other Commonwealth nations, primary legislation can take a number of different forms:

In the United Kingdom, secondary legislation (also referred to as delegated legislation or subordinate legislation) is law made by an executive authority under powers delegated from by an enactment of primary legislation, which grants the executive agency power to implement and administer the requirements of that primary legislation.

Forms of secondary legislation in the United Kingdom include:

In the United States, primary legislation is, at the federal level, an Act of Congress, and the statute that delegates authority is called an authorizing statute or delegation of rule making authority.

A law promulgated by the executive branch agency of the United States Government as the result of primary legislation is called a regulatory law, as legislation is used only to refer to acts of the legislative branch, never the executive or the judicial branches. The body of law that governs the agency's exercise of rule making and adjudication powers is called "administrative law," primarily the Administrative Procedure Act.

In a 2013 majority opinion of the Supreme Court of the United States, Associate Justice Antonin Scalia stated that

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