Delegated Legislation
Definition
Rules, regulations, notifications, and statutory instruments made by an executive body under authority granted by a parent statute. Forensic laboratory accreditation standards and police forensic procedure rules are typically delegated legislation. They are subordinate to their parent statute and void if they exceed it.
- Made by
- Executive body under authority of a statute
- Forensic examples
- Lab accreditation standards, procedure rules
- Legal status
- Subordinate to its parent statute
Common questions
What happens if delegated legislation exceeds its parent statute?+
It is void to the extent it goes beyond the authority the parent statute granted; a court can strike down the offending rule while leaving the underlying statute intact.
Why does a forensic scientist need to know whether a rule is delegated legislation?+
Because a challenge to a laboratory's accreditation standard or a procedural rule often turns on whether the rule-making body stayed within the powers its parent statute gave it, which affects whether evidence obtained under that rule is admissible.
Related terms
- Binding Precedent
- A decision of a superior court that a lower court in the same hierarchy must follow when deciding a case with materially...
- Inquisitorial System
- A model of legal proceedings, common in civil-law countries such as France and Germany, in which the court takes an active role...
- Primary Legislation
- Statutes enacted by the legislature: Acts of Parliament, Congressional Acts, or the codes enacted by a national assembly. Examples relevant to forensic...
- Professional Code
- A set of conduct standards issued by a professional body, regulatory authority, or accreditation scheme. Examples include the Forensic Science Regulator's Codes...
- Stare Decisis
- The common-law doctrine that courts are bound to follow the decisions of higher courts in the same judicial hierarchy. Provides consistency and...