Subsidiary laws are laws that are created by government agencies or bodies under the authority of a primary law, such as a constitution or statute. These laws are designed to provide more specific details and regulations on how the primary law should be implemented and enforced.
For example, in the United States, the Clean Air Act is a primary federal law that sets standards for air quality and pollution control. The Environmental Protection Agency (EPA) is a government agency responsible for enforcing the Clean Air Act. The EPA has the authority to create subsidiary regulations, known as the National Ambient Air Quality Standards (NAAQS), which provide specific guidelines on acceptable levels of pollutants in the air.
Another example is the Food and Drug Administration (FDA) in the United States, which is responsible for regulating the safety and effectiveness of food, drugs, and medical devices. The FDA creates subsidiary regulations, such as the Food Code, which provides guidelines for food safety practices in restaurants and other food establishments.
Overall, subsidiary laws play a crucial role in ensuring that primary laws are effectively implemented and enforced, providing detailed guidance and regulations to achieve the goals set out in the primary law.
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Google Gemini AI
Apr 21
Subsidiary Law
Subsidiary law refers to laws that are made by lower-level authorities with the power granted by a higher-level authority, such as a parliament or a government. These laws typically provide more detailed regulations and specifics related to the main law they support.
Examples of Subsidiary Law:
1. Regulations
- Regulations are issued by government departments or agencies to provide specific rules and procedures for implementing a particular law. - Example: The Road Traffic Regulations provide detailed rules for driving, including speed limits, traffic signs, and vehicle requirements.
2. Bylaws
- Bylaws are made by local governments, such as councils or municipalities, to regulate local matters within their jurisdiction. - Example: City bylaws may regulate parking restrictions, noise levels, and the use of public spaces.
3. Orders
- Orders are issued by government ministers or other officials to exercise specific powers under a particular law. - Example: A building order may be issued to a property owner requiring them to make repairs or improvements to their property.
4. Rules of Court
- Rules of court are made by the judiciary to govern the procedures and practices within the court system. - Example: The Civil Procedure Rules set out the rules for filing lawsuits, conducting trials, and resolving disputes.
5. Delegated Legislation
- Delegated legislation is legislation made by an executive body, such as a government department, that has been empowered to do so by a higher-level authority. - Example: The Minister of Health may delegate authority to a public health agency to make regulations related to disease prevention.
Characteristics of Subsidiary Law:
- Validity: Subsidiary law must be in accordance with the higher-level law that authorizes it. - Hierarchy: Subsidiary law is subordinate to the main law it supports. - Flexibility: Subsidiary law can be easily amended or replaced to adapt to changing circumstances. - Detail: Subsidiary law provides specific rules and regulations that clarify and expand on the main law.