SUBORDINATE LEGISLATION

Authors

  • ELMER A DRIEDGER

Abstract

Not all written laws in the form of statutes are enacted by a sovereign legislative authority; there are laws made by the executive, as well as by municipal authorities and other bodies which are sometimes referred to as subordinate legislation. Through reference to various legal decisions, this article discusses the principal grounds upon which the validity of subordinate legislation has been challenged in the courts. The author then examines an additional method of determining the validity of subordinate legislation, that of interpreting the words of the statute itself. Through an examination of the different forms used to confer authority, an examination of instances where authority is conferred by defining a particular purpose or subject-matter, and through a discussion of authority conferred through the defining of specific powers, the author concludes that although legal principles and precedents are important in considering the validity of subordinate legislation, one must not overlook the words of the statute, or principles of the language itself.

Keywords:

Statutes

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Published

1960-03-01

Issue

Section

Speech