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In
parliamentary system A parliamentary system or parliamentary democracy is a system of democratic Democrat, Democrats, or Democratic may refer to: *A proponent of democracy Democracy ( gr, δημοκρατία, ''dēmokratiā'', from ''dēmos'' 'people' an ...
s and
presidential system A presidential system, or single executive system, is a form of government in which a head of government (President (government title), president) leads an Executive (government), executive branch that is separate from the legislative branch in s ...
s of
government A government is the system or group of people governing an organized community, generally a state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Departmen ...

government
, primary legislation and secondary legislation, the latter also called delegated legislation or subordinate legislation, are two forms of
law Law is a system A system is a group of Interaction, interacting or interrelated elements that act according to a set of rules to form a unified whole. A system, surrounded and influenced by its environment, is described by its bounda ...
, created respectively by the
legislative A legislature is an assembly Assembly may refer to: Organisations and meetings * Deliberative assembly A deliberative assembly is a gathering of members (of any kind of collective) who use parliamentary procedure Parliamentary procedure ...
and
executive Executive may refer to: Role, title, or function * Executive (government), branch of government that has authority and responsibility for the administration of state bureaucracy * Executive, a senior management role in an organization ** Chief exec ...
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 (often by
order-in-council An Order in Council is a type of legislation in many countries, especially the Commonwealth realms. In the United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain,Usage i ...
in parliamentary systems, or by regulatory agencies in the American system), creating legally enforceable regulations and the procedures for implementing them.


Canada

In
Canadian law The legal system of Canada is Legal pluralism, pluralist: its foundations lie in the English common law system (inherited from its period as a colony of the British Empire), the Napoleonic Code, French civil law system (inherited from its New Fra ...
, primary legislation (also called statute law) consists of acts of the
Parliament of Canada The Parliament of Canada (french: Parlement du Canada) is the Canadian federalism, federal legislature of Canada, seated at Parliament Hill in Ottawa, and is composed of three parts: the Monarch, the Senate of Canada, Senate, and the House of C ...

Parliament of Canada
and the legislatures of the provinces, and of
Orders in Council An Order in Council is a type of legislation in many countries, especially the Commonwealth realm A Commonwealth realm is a sovereign state that has Elizabeth II as its monarch and head of state. Each realm functions as an independent state, ...
made under the Royal Prerogative. Secondary legislation (also called regulation) includes laws made by federal or provincial Order in Council by virtue of an empowering statute previously made by the parliament or legislature.


Civil law jurisdictions

Civil law systems are almost universal in Europe (with the exceptions of England, Wales, Northern Ireland and the Republic of Ireland, which are
Common Law In law, common law (also known as judicial precedent or judge-made law, or case law Case law is the collection of past legal decisions written by courts and similar tribunal A tribunal, generally, is any person or institution with authority ...
systems), as well as in Central and South America, much of Africa and Asia. In all cases, a parliament will issue primary legislation, with lesser bodies granted powers to issue delegated legislation. A judicial review may be provided by a
constitutional court A constitutional court is a high court High court usually refers to the superior court In common law systems, a superior court is a court A court is any person or institution, often as a government institution, with the authority to Ad ...

constitutional court
.


European Union

Each member state of the
European Union The European Union (EU) is a political and economic union of member states that are located primarily in Europe Europe is a which is also recognised as part of , located entirely in the and mostly in the . It comprises the wester ...

European Union
(EU) has its own laws, and there is also overall EU law. The founding treaty, the 1957
Treaty of Rome The Treaty of Rome, or EEC Treaty (officially the Treaty establishing the European Economic Community), brought about the creation of the European Economic Community (EEC), the best known of the European Communities (EC). The treaty was signed ...
, and all subsequent treaties, such as the
Maastricht Treaty The Treaty on European Union, commonly known as the Maastricht Treaty, is the foundation treaty of the European Union (EU). Concluded in 1992 between the then-twelve Member state of the European Union, member states of the European Communities, ...
,
Nice Treaty The Treaty of Nice was signed by European leaders on 26 February 2001 and came into force on 1 February 2003. It amended the Maastricht Treaty (or the Treaty on European Union) and the Treaties of Rome, Treaty of Rome (or the Treaty establishing ...
, and
Lisbon Treaty The Treaty of Lisbon (initially known as the Reform Treaty) is an international agreement that amends the two Treaty, treaties which form the constitutional basis of the European Union (EU). The Treaty of Lisbon, which was signed by the Member ...
, are the main primary legislation. The Treaty of Rome gives powers to make secondary legislation. Member states must surrender some national jurisdiction powers to the European Union; these delegated powers are exercised by the
Commission Commission or commissioning may refer to: Business and contracting * Commission (remuneration), a form of payment to an agent for services rendered ** Commission (art), the purchase or the creation of a piece of art most often on behalf of another ...

Commission
,
Council A council is a group of people who come together to consult, deliberate, or make decisions. A council may function as a legislature A legislature is a deliberative assembly with the authority In the fields of sociology Sociology is t ...

Council
and
European Parliament The European Parliament (EP) is one of three Legislature, legislative branches of the European Union and one of its seven Institutions of the European Union, institutions. Together with the Council of the European Union, it adopts European legi ...

European Parliament
acting in concert, having consulted the
European Economic and Social Committee The European Economic and Social Committee (EESC) is a consultative body of the European Union (EU) established in 1958. It is an advisory assembly composed of "social partners", namely: employers ( employers' organisations), employees (trade u ...

European Economic and Social Committee
and the
European Committee of the Regions The European Committee of the Regions (CoR) is the 's (EU) assembly of local and regional representatives that provides sub-national authorities (i.e. regions, counties, provinces, municipalities and cities) with a direct voice within the . Es ...
. The powers are exercised via binding Regulations, Directives, Decisions, and non-binding Recommendations and Opinions. * A Regulation is a law which is binding in its entirety and directly applicable in all Member States without needing national implementation. EU citizens may have
standing Standing, also referred to as orthostasis, is a position in which the body is held in an ''erect'' ("orthostatic") position and supported only by the feet. Although seemingly static, the body rocks slightly back and forth from the ankle The a ...
to pursue breaches of regulations and treaties, as in
Van Gend en Loos v Nederlandse Administratie der Belastingen ''Van Gend en Loos v Nederlandse Administratie der Belastingen'' (1963) Case 26/62 was a landmark case of the European Court of Justice The European Court of Justice (ECJ, french: Cour de Justice européenne), formally just the Court o ...
. * A Directive is an order to Member States to pass legislation. It is "binding as to the result to be achieved", but Member States can choose their own form of implementation. EU citizens may have standing to pursue failures to implement, as in
Francovich v Italy ''Francovich v Italy'' (1991) C-6/90 was a decision of the European Court of Justice The European Court of Justice (ECJ, french: Cour de Justice européenne), formally just the Court of Justice, is the supreme court The supreme court ...
. * A Decision is a law that addresses a specific issue. Addressees may challenge a decision via Judicial Review. The Commission may take executive action in pursuance of policy, and may even act quasi-judicially in matters of EU competition law, a power defined in
Article 101 Article 101 of the Treaty on the Functioning of the European Union The Treaty on the Functioning of the European Union (TFEU) is one of two treaties forming the Treaties of the European Union, constitutional basis of the European Union (EU), the ...
and
Article 102 of the Treaty on the Functioning of the European Union Article 102 of the Treaty on the Functioning of the European Union (formerly Article 82 of the Treaty establishing the European Community) is aimed at preventing undertakings who hold a dominant position in a market from abusing that position. It ...
. Privileged parties, such as Member States, EU Institutions, and those with specific standing, may initiate litigation. For example, the Commission may sue Member States for breaches of EU obligations, and Member States may sue Institutions or other Member States for breach of EU law.


Hong Kong


United Kingdom


Primary legislation

In the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain,Usage is mixed. The Guardian' and Telegraph' use Britain as a synonym for the United Kingdom. Some prefer to use Britain as shorth ...

United Kingdom
, primary legislation can take a number of different forms: * An
Act of Parliament Acts of parliament, sometimes referred to as primary legislation, are texts of law passed by the Legislature, legislative body of a jurisdiction (often a parliament or council). In most countries, acts of parliament begin as a Bill (law), bill, wh ...
. * An
Act of the Scottish Parliament An Act of the Scottish Parliament ( gd, Achd Pàrlamaid na h-Alba) is primary legislation In parliamentary systems and presidential systems of government, primary legislation and secondary legislation, the latter also called delegated legis ...
, Measure or Act of the Senedd or Act of the Northern Ireland Assembly * An
Order in Council An Order in Council is a type of legislation in many countries, especially the Commonwealth realm A Commonwealth realm is a sovereign state that has Elizabeth II as its monarch and head of state. Each realm functions as an independent state, ...
made under the
Royal Prerogative The royal prerogative is a body of customary authority, privilege and immunity, recognized in common law In law, common law (also known as judicial precedent or judge-made law, or case law) is the body of law created by judges and similar quasi- ...
*
Church of England Measures __NOTOC__ This is a list of Church of England Measures, which are the legislation of the Church of England. Some of these measures may have been repealed. Since 1970, Measures have been made by the General Synod of the Church of England, General Sy ...
– the instruments by which changes are made to legislation relating to the administration and organisation of the Church.


Secondary legislation

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 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 only: *
Statutory instruments In many countries, a statutory instrument is a form of delegated legislation In parliamentary systems and presidential systems of government, primary legislation and secondary legislation, the latter also called delegated legislation or subordi ...
– made in a variety of forms, most commonly
Orders in Council An Order in Council is a type of legislation in many countries, especially the Commonwealth realm A Commonwealth realm is a sovereign state that has Elizabeth II as its monarch and head of state. Each realm functions as an independent state, ...
, regulations, rules and orders. The form to be adopted is usually set out in the enabling Act.


United States


Primary legislation

In the United States, primary legislation is, at the federal level, an
Act of Congress An Act of Congress is a statute enacted by United States Congress, Congress. Acts can affect only individual entities (called private laws), or the general public (public laws). For a Bill (law), bill to become an act, the text must pass through ...
, and the statute that delegates authority is called an ''authorizing statute'' or ''delegation of rule making authority''.


Regulations "with the force of law"

A law promulgated by an executive branch agency of the US government as the result of an act of Congress is called a ''regulation'' or a ''rule'', often with the qualifier that it is a rule given "the force of law" by the authorizing statute. In the United States, ''legislation'' is used to refer only to acts of the legislative branch, never the executive or the judicial branches. The body of law that governs agencies' exercise of rule-making powers is called "
administrative law Administrative law is the body of law Law is a system A system is a group of Interaction, interacting or interrelated elements that act according to a set of rules to form a unified whole. A system, surrounded and influenced by ...
," which derives primarily from the Administrative Procedure Act (APA) and decisions interpreting it. In addition to controlling "quasi-legislative" agency action, the APA also controls "quasi-judicial" actions in which an agency acts analogously to a
court A court is any person or institution, often as a government A government is the system or group of people governing an organized community, generally a state State may refer to: Arts, entertainment, and media Literature * ''Sta ...

court
, rather than a legislature. In a 2013 majority opinion of the
US Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States of America The United States of America (USA), commonly known as the United States (U.S. or US), or America, is a cou ...

US Supreme Court
, Associate Justice
Antonin Scalia Antonin Gregory Scalia (; March 11, 1936 – February 13, 2016) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1986 until his death in 2016. He was described as the intellectual ...
stated:''City of Arlington v. FCC''
569 U.S. 290, 305 n.4
(2013) (emphasis in original).


See also

* * *


Notes


References


External links


Public general Acts of the Parliament of the United KingdomSecondary legislation
at the
Parliament of the United Kingdom The Parliament of the United Kingdom is the supreme legislative body A legislature is an assembly Assembly may refer to: Organisations and meetings * Deliberative assembly A deliberative assembly is a gathering of members (of any kin ...
{{Authority control Law by type