What is the meaning of delegated legislation in legislatives?

1. What is the difference between authority legislation and delegation legislation?

1. The differences between functional legislation and delegated legislation are as follows:

1) The scope is different. The scope of legislative authority is limited to the scope of authority, and the authorized legislation involves the scope of legislative power that originally belonged to the National People's Congress and its Standing Committee;

2) The potency is different. If the first two administrative regulations conflict with the law, they shall of course be invalid and shall be subject to the law; If there is a conflict between the authorized administrative regulations and the law, the Standing Committee of the National People's Congress shall be brought to the Standing Committee of the National People's Congress for ruling.

2. Legal basis: Article 8 of the Organic Law of the People's Republic of China on Local People's Congresses at All Levels and Local People's Organizations at All Levels.

Deputies to the people's congresses of provinces, autonomous regions, municipalities directly under the Central Government, autonomous prefectures, and cities divided into districts are elected by the people's congresses at the next lower level; Deputies to the people's congresses of counties, autonomous counties, cities not divided into districts, municipal districts, townships, ethnic townships, and towns are directly elected by the voters.

The number of deputies to local people's congresses at all levels and the methods for selecting deputies shall be prescribed by the Election Law. Ethnic minorities in each administrative region shall have an appropriate number of representatives.

2. What is the scope of the enabling legislation.

The scope of the enabling legislation is as follows:

1. The activities of the state administrative organs to accept the entrustment of the national legislature to formulate normative documents with legal effect in accordance with legal procedures;

2. The activities of the state administrative organs in formulating normative documents on administrative management in accordance with legal procedures.

According to the different legislative powers of administrative legislation, administrative legislation can be divided into general authorized legislation and special authorized legislation. General delegated legislation refers to the activities of the State administrative organs in formulating administrative regulations and administrative rules in direct accordance with the functions and powers stipulated in the Constitution and relevant organic laws. Specially authorized legislation refers to the act of formulating normative legal documents in accordance with the authorization of specific laws and regulations, or on the basis of the entrustment of the state power organ or the state administrative organ at a higher level through a special resolution.

1. In carrying out enabling legislation, Japan imposes the following restrictions:

1 It is not permissible to ignore the general, inclusive appointments of the legislative power of Congress, that is, the so-called blank appointments, but must be individual, specific mandates. The authorization law must specify the counterpart, purpose, and matters of authorization, and clearly stipulate the scope and procedures of the authorization as much as possible.

2 Authorized by the Constitution or the law to make regulations by the executive authorities, and such authorization may not be re-authorized.

3) As far as the content of the regulations is concerned, it shall not exceed the scope stipulated in the enabling law and shall not contradict the Constitution and laws; The provisions of the law itself may not be altered or repealed; The content of the regulations should be achievable and should be clear and specific.

2. Classification. (1) According to the different administrative and legislative powers, it can be divided into general authorized legislation and special authorized legislation.

2) According to the different subjects of administrative legislation, it can be divided into ** administrative legislation and local administrative legislation.

3) According to the different content and purpose of administrative legislation, it can be divided into executive legislation, supplementary legislation and experimental legislation.

3. Specifically mandated legislation has two characteristics:

1. The enacted regulations have the same effect as the law, and are higher than the general administrative regulations.

2) Matters that are in the nature of experimental legislation and should have been enacted by the highest organ of power, but because of lack of experience or the fact that social relations have not yet been finalized, it is not appropriate to formulate laws to adjust them, and therefore the highest administrative organ of the state is authorized to legislate in this regard. When the conditions are ripe, it will still be enacted into law by the highest organ of state power.

Legal basis

Article 89 of the Constitution.

In accordance with the Constitution and laws, administrative measures may be prescribed, administrative regulations may be formulated, and decisions and orders may be issued. Article 90, paragraph 2.

Ministries and commissions issue orders, directives and rules in accordance with the law and administrative regulations, decisions and orders of the Ministry and within the authority of their own departments.

Local Organic Law

Article 51, paragraph 1.

The people of provinces, autonomous regions, municipalities directly under the Central Government, as well as the cities where the people of the provinces and autonomous regions are located, and the people of larger cities approved by the province or autonomous region, may formulate rules and regulations in accordance with the law and administrative regulations.

Legal analysis: The National People's Congress and the Standing Committee of the National People's Congress exercise national legislative power. Since the NPC session is relatively short each year, it is impossible to deliberate legislative matters in a timely manner and on many occasions, so the NPC Standing Committee also exercises the state's legislative power.

Legal basis: In accordance with Article 7 of the Law on Legislation, the National People's Congress formulates and amends criminal, civil, state institutional and other basic laws.

The Standing Committee of the National People's Congress formulates and amends laws other than laws that shall be enacted by the National People's Congress for pure lead.

Summary. Hello, dear.

The characteristic of delegated legislation is that the administrative regulations, decrees, rules, etc. enacted have the same legal effect as the laws enacted by the national legislature, but their level of effectiveness is lower than that of the constitution and laws enacted by the legislature. Some countries also stipulate that the effectiveness of the laws and regulations formulated by the government is higher than that of the laws and regulations formulated by the local government and departments. Delegated legislation is generally subject to a special enabling act and is subject to the enabling act, legislative procedures and conditions, judicial review, etc.

Delegated legislation is a principle of legislation enacted by the legislature (parliament) (delegated law) that provides for the legislature to legislate on certain specific matters to the executive branch, a specially created body, a judiciary or a local state body. Unlike the enabling law, the latter refers to the entire activity or process of delegating legislation, including the enactment of the delegated law by the authorizing authority and the legislative activities of the authorized organ in accordance with the delegated law.

Delegated legislation, also known as the enabling law, refers to the authorization of the parliament to issue decrees with legal force by the departments. This is based on the reality of the rapid development of modern society, which should be due to the complexity of the situation that makes it difficult for Parliament to have enough information to make good laws, and it requires specialized personnel to do it, so that Parliament delegates legislative power to an executive branch or a special committee with specialized personnel.

What is the difference and connection between delegated legislation and delegated legislation.

Hello, dear dear delegated legislation is characterized by the fact that the administrative regulations, decrees, regulations, etc. enacted have the same legal effect as the laws enacted by the national legislature, but their level of effect is lower than that of the constitution and laws enacted by the legislature. Some countries also stipulate that the effectiveness of the laws and regulations formulated by the government is higher than that of the laws and regulations formulated by the local government and departments. Entrusted legislation is generally subject to a delegated act that is specifically used for cryptophylla and is subject to the delegated act, legislative procedures and conditions, judicial review, etc.

Delegated legislation is a principle of legislation enacted by the legislature (parliament) (delegated law) that provides for the legislature to legislate on certain specific matters to the executive branch, a specially created body, a judiciary or a local state body. Different from the enabling law, the latter refers to the entire activity or process of delegating legislation, including the enactment of the enabling law by the authorized authority and the legislative activities of the authorized organ in accordance with the delegated law. Delegated legislation, also known as the enabling law, refers to the authorization of the parliament to issue decrees with legal force by the departments.

This is based on the reality of the rapid development of modern society, which should be due to the complexity of the situation that makes it difficult for Parliament to have enough information to make good laws, and it requires specialized personnel to do it, so that Parliament delegates legislative power to an executive branch or a special committee with specialized personnel.

Hope mine can help you.

Legal Analysis: Delegated legislation is legislation carried out by the executive on the basis of a specific legal authorization or a special authorization by a state organ with legislative power. Generally, the authorization of specific laws and regulations is called general authorization, and the authorization of competent authorities is called special authorization.

For example, Article 52 of the Mineral Resources Law stipulates that "the detailed rules for the implementation of this Law shall be formulated by ***", which is a general enabling legislation.

Legal basis: Legislation Law of the People's Republic of China

Article 51: The National People's Congress and its Standing Committee are to strengthen the organization and coordination of legislative work, giving play to their leading role in legislative work.

Article 52: The Standing Committee of the National People's Congress is to strengthen overall arrangements for legislative work through legislative plans, annual legislative plans, and other such means. In the preparation of legislative plans and annual legislative plans, deputies bills and suggestions shall be earnestly studied, opinions shall be widely solicited, scientific argumentation and assessment shall be made, and legislative projects shall be determined on the basis of the needs of economic and social development and the establishment of democracy and the rule of law, so as to increase the timeliness, pertinence, and systematization of legislation. Legislative plans and annual legislative plans are to be adopted by the Council of Chairpersons and released to the public.

The working bodies of the Standing Committee of the National People's Congress are responsible for the preparation of legislative plans and the drafting of annual legislative plans, and for supervising the implementation of legislative plans and annual legislative plans in accordance with the requirements of the Standing Committee of the National People's Congress.

Article 53: The relevant special committees and working bodies of the Standing Committee of the National People's Congress shall participate in the drafting of draft laws in relevant areas in advance; Important draft laws that are comprehensive, overall, and basic may be drafted by the relevant special committees or the working bodies of the Standing Committee.

Draft laws that are more specialized may involve experts in relevant fields to participate in drafting work, or may entrust relevant experts, teaching and research units, or social organizations to draft them.

Article 54: When submitting a bill, the text of the draft law and its explanation shall be submitted at the same time, and necessary reference materials shall be provided. Where laws are amended, a comparative version of the text before and after the amendment shall also be submitted. The explanation of the draft law shall include the necessity, feasibility, and main content of the enactment or revision of the law, as well as the coordination and handling of major differences of opinion during the drafting process.

Article 55: The sponsor has the right to withdraw bills submitted to the National People's Congress and its Standing Committee before they are placed on the agenda of the session.

Article 56: If the sponsor of a bill submitted to the plenary session of the National People's Congress and its Standing Committee for voting that has not been adopted may resubmit it in accordance with the procedures prescribed by law, and the presidium and the Council of Chairpersons are to decide whether to include it in the agenda of the session; Among them, bills that have not been passed by the National People's Congress shall be submitted to the National People's Congress for deliberation and decision.

Article 57: The law shall clearly stipulate the effective date.

Article 58: The presidential decree that signs and promulgates a law indicates the organ that enacted the law, the date of its adoption, and the date of its implementation.

After the law is signed and promulgated, it is promptly published in the Gazette of the Standing Committee of the National People's Congress and the Chinese National Congress, as well as in newspapers distributed nationwide.

The legal texts published in the Gazette of the Standing Committee are the standard texts.

Legal analysis: The following matters can only be enacted into law: matters of national sovereignty; the formation, organization, and powers of the people's congresses, people's courts, and people's procuratorates at all levels; the system of regional ethnic autonomy, the system of special administrative regions, and the system of grassroots mass autonomy; crime and punishment; deprivation of civil and political rights, coercive measures and penalties restricting personal liberty; expropriation and requisition of non-state-owned property; basic civil system; the basic economic system as well as the basic systems of finance, taxation, customs, finance and foreign trade; litigation and arbitration systems; Other matters on which laws must be enacted by the National People's Congress and its Standing Committee.

Legal basis: Article 3 of the Constitution of the People's Republic of China The principle of democratic centralism is practiced by the state organs of the People's Republic of China. The National People's Congress and local people's congresses at all levels are democratically elected, accountable to the people, and subject to their supervision.

The administrative, supervising, adjudicating, and procuratorial organs of the state are all created by the people's congress and are responsible to it and subject to its supervision. The division of functions and powers between local state organs and local state institutions follows the principle of giving full play to the initiative and enthusiasm of local governments under the unified leadership of the government.

According to Article 86 of the Legislation Law, when there is a discrepancy between local regulations and rules, the relevant authorities shall make a ruling in accordance with the authority provided below. In the event of any inconsistency between the new general provisions formulated by the same organ and the old special provisions, the enacting organ shall make a ruling.

When the provisions of the local regulations and the departmental rules on the same matter are inconsistent, and it is not possible to determine how to apply them, the first shall submit an opinion, and the first shall decide to apply the provisions of the local regulations in the local area; Where it is found that departmental rules should be applied, it shall be submitted to the Standing Committee of the National People's Congress for a ruling. When there is an inconsistency between departmental rules or between departmental rules and local ** rules on the same matter, it shall be adjudicated by ***. If the regulations enacted under the authorization are inconsistent with the provisions of the law, and it is not possible to determine how to apply them, the Standing Committee of the National People's Congress shall make a ruling.

Summary. The law of legislative power is a law, which is enacted and promulgated by the organs of national sovereignty or its authorized organs in accordance with the Constitution, and is applicable to normative documents throughout the country.

The law of legislative power is a law, which is enacted and promulgated by the organs of national sovereignty or its authorized organs in accordance with the Constitution, and is applicable to normative documents throughout the country.

You've done a great job! Can you elaborate on that?

The law of the legislative power is the law. In China, legislative power belongs to the National People's Congress and its Standing Committee. Laws are enacted by the National People's Congress and its Standing Committee, and are normative documents that are imposed by the state and have the highest legal effect.

Laws are enacted by the state in the exercise of legislative power and regulate the political, economic, cultural, and social activities of the state. Regulations are normative documents formulated by ** organs and their departments on relevant administrative and legal matters within the scope of the law, and have universal applicability. Although regulations and laws are both normative documents with legal effect formulated by the organs of state power, there are still obvious differences in their nature and the procedures for formulating them by the organs of power.