Regulation (law)
Encyclopedia
A regulation is a form of secondary legislation issued by a government minister under the authority of primary legislation
. Regulations are used to make the detailed arrangements which give effect to the intent and purpose of primary legislation. Regulations are typically used to address matters of detail, while matters of substance are left to primary legislation. Thus, legislative assemblies
need not spend as much time discussing purely technical questions, and any necessary changes can be made very quickly and easily.
Usually, the power to make a regulation is not inherent in the executive branch of government, but must be explicitly conferred by an ordinary law. In this way it differs from other executive powers, such as the royal prerogative
power to legislate in the form of Orders in Council found in the United Kingdom
and some Commonwealth realm
s, or constitutionally granted powers such as those wielded by the President of the United States
. Like the former, but unlike the latter, a regulating power may be altered or overruled by primary legislation: by explicitly removing the power or widening or narrowing its scope, or through a process of implied repeal
. A particular law may confer regulating power on the Government as a whole (perhaps expressed in a council of state
or a cabinet
), or in one or more individual ministers.
In Ireland
and the United Kingdom
, regulations are frequently used to implement European Union directives.
Primary legislation
Primary legislation is law made by the legislative branch of government. This contrasts with secondary legislation, which is usually made by the executive branch...
. Regulations are used to make the detailed arrangements which give effect to the intent and purpose of primary legislation. Regulations are typically used to address matters of detail, while matters of substance are left to primary legislation. Thus, legislative assemblies
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
need not spend as much time discussing purely technical questions, and any necessary changes can be made very quickly and easily.
Usually, the power to make a regulation is not inherent in the executive branch of government, but must be explicitly conferred by an ordinary law. In this way it differs from other executive powers, such as the royal prerogative
Royal Prerogative
The royal prerogative is a body of customary authority, privilege, and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy as belonging to the sovereign alone. It is the means by which some of the executive powers of government, possessed by and...
power to legislate in the form of Orders in Council found in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
and some Commonwealth realm
Commonwealth Realm
A Commonwealth realm is a sovereign state within the Commonwealth of Nations that has Elizabeth II as its monarch and head of state. The sixteen current realms have a combined land area of 18.8 million km² , and a population of 134 million, of which all, except about two million, live in the six...
s, or constitutionally granted powers such as those wielded by the President of the United States
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
. Like the former, but unlike the latter, a regulating power may be altered or overruled by primary legislation: by explicitly removing the power or widening or narrowing its scope, or through a process of implied repeal
Implied repeal
The doctrine of implied repeal is a concept in English constitutional theory which states that where an Act of Parliament conflicts with an earlier one, the later Act takes precedence and the conflicting parts of the earlier Act are repealed...
. A particular law may confer regulating power on the Government as a whole (perhaps expressed in a council of state
Council of State
The Council of State is a unique governmental body in a country or subdivision thereoff, though its nature may range from the formal name for the cabinet to a non-executive advisory body surrounding a head of state. It is sometimes regarded as the equivalent of a privy council.-Modern:*Belgian...
or a cabinet
Cabinet (government)
A Cabinet is a body of high ranking government officials, typically representing the executive branch. It can also sometimes be referred to as the Council of Ministers, an Executive Council, or an Executive Committee.- Overview :...
), or in one or more individual ministers.
In Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
and the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, regulations are frequently used to implement European Union directives.
See also
- Administrative lawAdministrative lawAdministrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law...
- Administrative Procedure ActAdministrative Procedure ActThe Administrative Procedure Act , , is the United States federal law that governs the way in which administrative agencies of the federal government of the United States may propose and establish regulations. The APA also sets up a process for the United States federal courts to directly review...
(U.S.) - RulemakingRulemakingIn administrative law, rulemaking refers to the process that executive and independent agencies use to create, or promulgate, regulations. In general, legislatures first set broad policy mandates by passing statutes, then agencies create more detailed regulations through rulemaking.By bringing...