Sublaw

Sublaw refers to a body of rules and regulations that are subordinate to primary legislation, such as statutes enacted by a legislature. These rules are typically created by executive agencies, government departments, or other administrative bodies under the authority granted to them by a primary law. The purpose of sublaw is to provide specific details, procedures, and standards necessary to implement and enforce the broader provisions of the primary legislation.

The creation of sublaw is often referred to as delegated legislation or secondary legislation. This process allows for greater flexibility and efficiency in governance, as agencies can adapt regulations to changing circumstances without the need for lengthy legislative processes. However, it also raises concerns about accountability and the potential for overreach by administrative bodies. Sublaw can take various forms, including regulations, rules, ordinances, and directives.

The validity of sublaw is generally subject to judicial review. Courts can strike down sublaw if it exceeds the authority granted by the primary legislation, is inconsistent with constitutional provisions, or is otherwise unlawful. This oversight mechanism ensures that delegated legislation remains within its intended scope and respects the rule of law. The distinction between primary legislation and sublaw is crucial for understanding the hierarchy of legal norms within a jurisdiction.