Delegated legislation

A statutory authorization is a provision in a law that allows the government ( executive) to adopt regulations without consulting the parliament (legislature ). Otherwise, all changes to laws would have to be decided by the parliaments.

The Regulatory powers are limited, since the Parliament so that sovereignty to the government devolves on the one hand, but on the other hand, does not want to be interviewed because of all the intricacies of the legislation.

A regulation may 80 Basic Law and relevant rules are adopted in the constitutions of the states not easy at will, or by political expediency under Article; Rather, the authority issuing the measures an authorization by a law passed by the Parliament needs to do so. The law must be " content, purpose and scope " of the regulation provide (Article 80 paragraph 1 of the Basic Law ). This is to ensure accordance with the principle of democracy that the major decisions are taken by the legislature itself legitimized by choice.

However, there are statutory authorizations, which provide that a regulation to become effective subject to parliamentary approval. However, such a method is therefore questionable, because the procedural benefits of control by decree eliminated thereby; the procedure is a legislative procedure the same, with the only difference that the Parliament has no right of initiative.

Be used in special regulations always technical questions.

Examples:

  • Hazardous Substances ( Ordinance on Hazardous Substances )
  • Operating instructions (air )
  • Food Hygiene Regulation ( LMHV )
  • Drinking Water Regulations ( Drinking Water 2001)
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