Kinds of Legislation: Supreme, Subordinate & Delegated

Exam Snapshot

Legislation is a core source of law. Focus on Salmond's classification (Supreme vs. Subordinate) and the concept of Delegated Legislation. Understand how these function within the Nepalese Constitution and the ultra vires doctrine as a control mechanism.

Core Concept

Legislation refers to the formal creation of legal rules by a competent body. It is categorized by the authority that enacts it.

Nepal Law Anchors

Confusable Terms

Feature Supreme Legislation Delegated Legislation
Authority Federal Parliament (Sovereign) Executive/Local levels (Non-sovereign)
Source Constitution of Nepal Parent Act (Supreme Legislation)
Validity Subject only to Constitution Subject to Parent Act and Constitution

MCQ Traps

Example

The Federal Parliament passes the 'Example Act'. This is supreme legislation. The Act empowers the Ministry to create rules for implementation. The rules created by the Ministry constitute delegated legislation. If the Ministry's rule includes a penalty not authorized by the 'Example Act', that rule is ultra vires and void.

Memory Hook

Think of a pyramid: The Constitution is the base, Supreme Legislation is the middle level (Parliament), and Delegated Legislation is the top level (Rules/Bye-laws), always restricted by the level below it.

Quick Revision