The interpretation of secondary legislation differs to that of primary legislation for which of the following reasons (select all that apply)?
A) The existence of a parent Act means that words used in the secondary legislation are to be read as having the same meaning as in the parent Act.
B) Because the courts have the power to declare secondary legislation invalid where it exceeds the power granted to it by Parliament; thus, both the scope of the powers within the delegated legislation and the scope of the grant contained in the parent Act need interpretation.
C) Such legislation is only of secondary importance in the legal order and thus judges are rarely called upon to interpret it.
D) The courts will be reluctant to interpret any delegated legislation in a way that conflicts with an established and fundamental principle of common law.

Question

Quizplus · Accepted Answer

Secondary legislation must be interpreted in the context of the parent Act (A), and courts ensure it does not exceed the powers granted by Parliament (B). Courts also avoid interpretations conflicting with fundamental common law principles (D).

The Interpretation of Secondary Legislation Differs to That of Primary