Primary Legislation vs Secondary Legislation vs Tertiary Legislation

Primary legislation, secondary legislation, and tertiary legislation are all types of laws, but they differ in their origins, purposes, and scope.

Primary legislation, also known as statute law, is the law created directly by the legislative body, such as the Parliament or Congress. Primary legislation establishes the framework for the legal system, sets out the fundamental rights and duties of citizens, and defines the powers and responsibilities of the government. It is the most important source of law and has the highest level of legal authority. Examples of primary legislation include the US Constitution, the UK Human Rights Act, and the Canadian Charter of Rights and Freedoms.

Secondary legislation, also known as delegated legislation, refers to the laws or regulations created by entities other than the primary legislative body but authorised by it to do so. Secondary legislation is used to provide more specific details on how primary legislation should be implemented, and it is often necessary to fill in the gaps left by primary legislation. Examples of secondary legislation include regulations, orders, bylaws, and statutory instruments. Secondary legislation is subject to the power of the primary legislative body, which has the authority to repeal or amend it if it is found to be inconsistent with primary legislation.

Tertiary legislation, also known as quasi-legislation or subordinate legislation, refers to rules or regulations that are created by entities other than the primary or secondary legislative bodies. Tertiary legislation is derived from primary or secondary legislation and is used to interpret or implement primary or secondary legislation. It is often more specific than secondary legislation and may provide guidance or regulations for specific areas of law or industry. Examples of tertiary legislation include administrative rules and regulations, judicial decisions, and guidance documents issued by government agencies.

In summary, primary legislation is the most important source of law and is created directly by the legislative body, while secondary legislation and tertiary legislation are created by other bodies, but authorised by the primary legislative body to create them. Secondary legislation is used to provide more specific details on how primary legislation should be implemented, while tertiary legislation is used to interpret or implement primary or secondary legislation. All three types of legislation have the force of law, but their legal authority and scope differ.
Back to blog

UOL Case Bank

Upon joining, you become a valuable UOL student and gain instant access to over 2,100 essential case summaries. UOL Case Bank is constantly expanding. Speed up your revision with us now.

Subscribe Now

Where are our students from?

Council of Europe
Crown Prosecution Service
Baker Mckenzie 
Yale University
University of Chicago
Columbia University
New York University
University of Michigan 
INSEAD
University of London
University College London (UCL)
London School of Economics (LSE)
King’s College London (KCL)
Royal Holloway, University of London 
Birkbeck, University of London
SOAS, University of London
University of Manchester
University of Zurich
University of York
Brandeis University
University of Exeter
University of Sheffield
Boston University
University of Washington
University of Leeds
University of Law
University of Kent
University of Hull
Queen’s University Belfast
Toronto Metropolitan University
Hong Kong University of Science and Technology
University of Buckingham
ESSEC Business School

  • Criminal Practice

    Diagrams and Charts

    Our carefully designed diagrams and charts will guide you through complex legal issues.

  • Criminal Law

    Clear and Succinct Definitions

    Key concepts are concisely defined to help you understand legal topics quickly.

  • Property Law

    Statutory Provisions

    Statutory provisions are provided side by side with legal concepts to help you swiftly locate the relevant legislation.

  • Public Law

    Case Summaries

    We have summarised important cases for you so that you don't need to read long and boring cases.

  • Evidence

    Rules and Exceptions

    Rules and exceptions are clearly listed so that you know when a rule applies and when it doesn't.

  • Company Law

    Terminology

    Legal terms and key concepts are explained at the beginning of each chapter to help you learn efficiently.

  • Case Law

    Case law is provided side by side with legal concepts so that you know how legal principles and precedents were established.

  • Law Exam Guide

    Law Essay Guide

    You will learn essential law exam skills and essay writing techniques that are not taught in class.

  • Law Exam Guide

    Problem Question Guide

    We will show you how to answer problem questions step by step to achieve first-class results.

  • Conflict of Laws

    Structured Explanations

    Complex legal concepts are broken down into concise and digestible bullet point explanations.

  • Legal System and Method

    Legal Research

    You will learn legal research techniques with our study guide and become a proficient legal researcher.

  • Jurisprudence and Legal Theory

    Exam-focused

    All essential concepts, principles, and case law are included so that you can answer exam questions quickly.