3. Provide an exposition on the differences between original and subordinate legislation provide relevant authorities
Original legislation refers to laws that are passed by a legislative body, such as a parliament or congress. These laws are the highest form of law and are binding on all individuals and entities within the jurisdiction in which they are enacted. Original legislation often takes the form of acts or statutes and is usually drafted and debated by elected representatives before being signed into law by the head of state.
On the other hand, subordinate legislation refers to laws that are made under the authority of original legislation. Subordinate legislation is also referred to as delegated legislation or secondary legislation. This type of legislation is created by individuals or bodies that have been given the power to do so by the original legislation. Subordinate legislation is used to fill in the details and provide additional regulations that may be necessary to implement the broader principles set out in the original legislation.
There are several key differences between original and subordinate legislation. One important difference is that original legislation is created through a democratic process involving elected representatives, while subordinate legislation is often created by unelected officials or bodies. Additionally, original legislation carries more weight and authority than subordinate legislation, as it is the primary source of law in a jurisdiction.
Some relevant authorities for understanding the differences between original and subordinate legislation include:
1. The Doctrine of Ultra Vires: This legal principle states that subordinate legislation must be within the powers granted to the individual or body making it by the original legislation. If subordinate legislation exceeds these powers, it may be deemed invalid by a court.
2. The Statutory Instruments Act: In many jurisdictions, there are specific laws that govern the process of creating and enacting subordinate legislation. The Statutory Instruments Act sets out the procedures that must be followed when creating subordinate legislation and may also provide mechanisms for oversight and review of such legislation.
3. Case law: Court decisions involving original and subordinate legislation can provide guidance on how these types of laws are interpreted and applied in practice. In many cases, courts may be called upon to clarify the relationship between original and subordinate legislation and determine the validity of subordinate legislation in specific circumstances.
Overall, understanding the differences between original and subordinate legislation is essential for ensuring that the legal system functions effectively and that laws are implemented in a coherent and consistent manner.