Define: Quasi Legislative

Quasi-legislative power refers to the authority granted to administrative agencies to create rules and regulations that have the force of law within their specific jurisdiction.

Quasi-legislative power is delegated to administrative agencies by the legislature, whereas legislative power is exercised directly by the elected representatives of the people.

Various administrative agencies, such as the Environmental Protection Agency (EPA), Federal Communications Commission (FCC), and Securities and Exchange Commission (SEC), have quasi-legislative power within their respective areas of expertise.

No, administrative agencies are subject to certain procedural requirements and limitations when exercising their quasi-legislative power. They must follow notice-and-comment procedures, provide a rationale for their rules, and ensure that their actions are within the scope of their delegated authority.

Yes, individuals and organisations affected by quasi-legislative rules and regulations can challenge them in court if they believe that the agency exceeded its authority, violated procedural requirements, or acted arbitrarily or capriciously.

Yes, if a court finds that an administrative agency’s quasi-legislative action was unlawful or unconstitutional, it can invalidate or modify the rule or regulation.

Yes, the legislature has the power to override or modify quasi-legislative rules and regulations through the enactment of new legislation. However, this process may require the usual legislative procedures, such as passing a bill and obtaining the executive’s approval.

In some cases, administrative agencies may delegate certain quasi-legislative powers to other entities, such as advisory committees or industry-specific organisations. However, such delegation must be within the agency’s statutory authority and subject to appropriate oversight.

Yes, administrative agencies often have the power to enforce their quasi-legislative rules and regulations through penalties, fines, or other sanctions. These enforcement actions are typically subject to administrative review and may be challenged in court.

Yes, quasi-legislative rules and regulations can be repealed or modified by the administrative agency itself, the legislature, or through court decisions. Changes may occur due to evolving circumstances, new scientific evidence, or shifts in public policy priorities.