Sekundaarioikeus

Sekundaarioikeus refers to a body of law derived from primary legislation. In legal systems, primary legislation, such as statutes enacted by a legislature, forms the foundation of law. Secondary legislation, also known as subordinate legislation or delegated legislation, is law created by an executive authority under powers granted by an act of primary legislation. This process allows for more detailed rules and regulations to be established without requiring the legislature to pass new primary laws for every minor change.

Examples of secondary legislation include statutory instruments, regulations, orders, and rules. These instruments are typically issued by government ministers, agencies, or other executive bodies. The authority for creating secondary legislation is always granted by a specific primary law, which outlines the scope and limits of the delegated power. This ensures that the executive does not exceed the authority intended by the legislature.

The purpose of secondary legislation is to provide flexibility and efficiency in law-making. It allows for technical, complex, or rapidly changing areas of law to be updated more quickly than the primary legislative process would permit. However, secondary legislation is subject to review and challenge. Courts can review secondary legislation to ensure it is within the powers conferred by the primary act and that it complies with fundamental legal principles and constitutional rights. This oversight is crucial for maintaining the rule of law and preventing an overreach of executive power.