Define: Primary Legislation

Primary legislation, also known as statute law or primary law, refers to laws that are enacted by a legislative body, such as a parliament or congress, and have the highest legal authority within a legal system. These laws are typically passed in the form of bills or acts and are formally adopted through a defined legislative process. Primary legislation establishes legal rules, principles, and standards that govern various aspects of society, including criminal offences, civil rights, property rights, taxation, and government powers. It serves as the foundation of the legal system and is binding on individuals, organisations, and government entities within the jurisdiction. Primary legislation often provides broad frameworks and general principles, leaving the detailed implementation and interpretation to secondary legislation, administrative regulations, and judicial decisions. The enactment of primary legislation involves debate, negotiation, and approval by elected representatives, ensuring democratic accountability and legitimacy in the law-making process.

Legislation introduced into the body of law by the apparatus of the state (e.g., the Government). In the UK, primary legislation takes the form of statutes, or Acts of Parliament (see: Statute), and Statutory Instruments (SIs), or ‘Regulations’ (see: Statutory instrument). Not all authorities consider SIs as ‘primary’, as they are often derived from Acts of Parliament and deal with their interpretation. However, both Statutes and SIs are primary in the sense that they are original, written statements of the law, and distinct from case law (see:

For a discussion of UK primary legislation, see Statute.

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This glossary post was last updated: 29th March 2024.