Subsidiary Legislation

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The term "subsidiary legislation" refers to judicial actions taken in accordance with main legislation, such

as Acts of Parliament, such as regulations, rules, orders, and other legal documents. Subsidiary
legislation is created for a variety of purposes, including:

1. Detail and clarity: Supplementary legislation can add more specificity and clarity to how primary
legislation should be interpreted and applied. Subsidiary law can offer more detailed
instructions on how to put a basic principle or framework into practise. For instance,
fundamental law may establish a general principle or framework.

2. To update and alter current laws: As conditions change, current laws may be updated and
modified by subsidiary legislation. Compared to changing fundamental legislation, this may be a
more effective strategy to make changes.

3. To address new issues: Since these issues weren't foreseen when the primary legislation was
written, subsidiary legislation can be utilised to address them. As a result, governance may be
more flexible and responsive.

Due to the fact that it is created with the help of primary legislation, subsidiary legislation is governed by
a number of checks and balances that guarantee its adherence to the goals and tenets of the primary
law. The following are some of the major restrictions placed on subsidiary legislation:

1. Constitutional controls: Subsidiary legislation must be compliant with the Bill of Rights and the
Constitution. It might be ruled to be unconstitutional if it is discovered to be inconsistent.

2. Judicial review: The courts are able to examine the constitutionality and validity of subsidiary
legislation since it is subject to judicial review. It may be overturned if the courts determine that
it is ultra vires (beyond the authority conferred by the primary legislation), or if they determine
that it is incompatible with the rules of natural justice or the rule of law.
In order to clarify and add to the details of how to understand and apply basic law, subsidiary legislation
is created. It can also be used to revise and amend already-existing laws, address new problems, assign
responsibility for making decisions, and make it possible to put international accords into effect.

Different restrictions imposed on subsidiary laws include:

1. The Constitution and the Bill of Rights must be complied with by subsidiary legislation. If it is
determined to be incongruous, it might be declared unconstitutional and thrown out.
2.

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