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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Subordinate / Delegated / Secondary Legislation

Lorenz Dopplinger

Content type:
Encyclopedia entries
Product:
Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]
Article last updated:
February 2025

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 13 May 2025

Subject(s):
Judicial review of executive action — Comparative constitutional law — Executive power — Legislative power — Subordinate/delegated/secondary legislation — Democracy — Delegated powers

General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum
Managing Editor: Martina Mantovani

1 The classic theory of the separation of powers neatly divides the state into three distinct branches: legislative, executive, and judicial (for a formulation of the ‘pure doctrine’ of the separation of powers, see Vile 14). Each of these branches has its own governmental functions and corresponding powers. Accordingly, the responsibility for legislating—the creation of laws of general application—rests with the legislature. The reality, however, is much more complex than this pure doctrine suggests. Today, significant legislative activities are carried out by...
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