Executive legislation - an oxymorom?

Parliament legislates, judges judge, the executive administers … thus is the constitutional division of powers. The concept is useful, but should not be seen as being particularly accurate …

• Parliament oversees the executive;

• the executive legislates (albeit with “secondary” legislation), makes decisions which affect the operation of legislation, and even sometimes over-rides Parliamentary legislation using Henry VIII clauses;

• and the courts …? They make court rules and interpret legislation, not always in predictable ways.

Our theme in this blog is executive legislation, so think here of regulations, rules (including court rules!), local laws and, in the university area, statutes (as distinct from Acts). They are all legislation - they create norms and obligations. And, like Acts, they are supported by all manner of administrative instruments - guidelines, codes, standard operating procedures and ordinary old procedures. But why use words when a picture will do …