tertiäärisäädökset

Tertiäärisäädökset, also known as tertiary legislation or secondary legislation in some jurisdictions, are laws or regulations that are made by a government minister, department, or other executive body, rather than by the parliament or legislature. These laws are created under the authority granted to the executive by an act of parliament or legislature, which is known as primary legislation or enabling legislation. Tertiary regulations are used to flesh out the details and practical application of the broader principles laid down in primary legislation.

The purpose of tertiary legislation is to provide flexibility and allow for quick adjustments to laws as circumstances change, without the need to go through the full legislative process of parliament. This can include setting specific technical standards, establishing procedures, or defining terms used in primary legislation. For example, an act of parliament might state that certain substances are prohibited, and a tertiary regulation could then list the specific substances that fall under this prohibition, along with their precise chemical names and quantities.

While tertiary legislation is a necessary tool for modern governance, its creation is typically subject to certain checks and balances. In many countries, the enabling legislation will specify the extent of the powers that can be delegated to the executive. Furthermore, tertiary regulations often need to be published and may be subject to parliamentary scrutiny or even annulment if they are deemed to exceed the powers granted by the primary legislation or to be otherwise unlawful or unreasonable. The process of creating and scrutinizing tertiary legislation is an important aspect of the separation of powers and the rule of law.