Week 14Lesson objectives for this week You will recall that a “transitive” law contains most of the details about “who does what” in the statute itself. An “intransitive” law contains most of the details in the subsidiary legislation (regulations). But whether a statute is transitive or intransitive it will almost always assign power to an implementing agency to draft detailed measures not included in the principal legislation. The B Stream session this week is designed to increase participants’ understanding of drafting subsidiary legislation. More particularly, the emphasis is on drafting subsidiary legislation that stays within the limits imposed by the ultra vires rule. The ultra vires rule was discussed earlier in the course in relation to drafting statutes. The same ultra vires considerations apply to drafting subordinate legislation with the additional requirement that subordinate legislation must also conform to the limits imposed by the empowering statute. Assignments • Read Manual, Part III, Chapter 12 (pp. 303-318). |