Figure 2.1 Elements of Sherman Antitrust Act (1890) Section 1
Generally law texts do not set out information in tabular form. However,
elements and consequences are put in a table here to emphasise how they
provide a framework for organising law. Nevertheless, the analysis conveyed
by this table must be at the core of a text if it is to convey the law clearly and
accurately. Moreover, a text could usefully convey this basic information in a
table at the outset
as a prelude to more detailed treatment. The advantage of
doing so is that they key propositions –
constituted by the elements and
consequences – are not lost in the detail.
Delegated Legislation
Nature
Delegated legislation is law made by a person or body to whom a legislature
has, by statute, delegated law-making authority. Sometimes the statute simply
authorises delegated legislation. Sometimes, though, the statutes may authorise
a further level or levels of delegated legislation –
it authorises delegated
legislation and this delegated legislation is authorised to make further delegated
legislation.
21
Delegated legislation is thus made by a legislature only indirectly, unlike statute
law which is a direct creation. Nevertheless, apart from its subordinate status,
delegated legislation is in many respects similar to statute law. And, at least in a
functional sense, it is part of the statute that authorises it.
Terminology
Delegated legislation is also known as subordinate legislation, secondary
legislation or subsidiary legislation. These are generic terms referring to
delegated legislation as a whole.
However, in some jurisdiction there is a variety of names used to describe
pieces of delegated legislation. For example one piece of delegated legislation
may be labelled as regulations, for example the “Rail Transport Regulations
1999” while another might be labelled as rules, for example “Supreme Court
Rules 2002”. A list of common labels for delegated legislation includes
regulations, by-laws, rules, ordinances, statutory rules and statutory
instruments. There is, however, no inherent significance in these names, which
are normally conferred by the enabling or delegating Act itself. With delegated
legislation what counts is the extent of the power delegated, and the use made
of it. The various labels are mere conveniences or references. Thus if
delegated legislation says that an applicant for a benefit must use Form X it
21
For general discussion see Pearce and Argument (2001).
 |
 |
 |