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CMA Foundation · Fundamentals of Business Laws and Business Communication · Primary and Subordinate Legislation

Which of the following best describes why subordinate legislation is considered necessary in a modern State?

Subordinate legislation is needed because legislatures have limited time and technical expertise. They frame the broad policy in the parent Act and delegate the details, such as procedures and forms, to the executive. It remains subject to the parent Act and cannot override it.

  1. AParliament can no longer make any law on its own
  2. BLegislatures have limited time and expertise, so they lay down the policy and leave technical details to the executiveCorrect
  3. CCourts cannot interpret Acts without rules
  4. DSubordinate legislation always overrides the parent Act in case of conflict

Explanation

Legislatures cannot handle every technical or procedural detail, so they enact the broad policy in the Act and delegate the filling in of details to the executive or other authorities. Option D is wrong because subordinate legislation is subject to the parent Act and must yield to it in case of conflict.

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