Legal Definitions - law of competence

The law of competence refers to a specific legal rule or statute that establishes and defines the scope of authority and powers granted to a government official, agency, or public body. It outlines what actions they are legally permitted to take, and crucially, specifies the exact conditions under which their decisions, directives, or pronouncements carry the full force of law.

• Example 1: A State Environmental Protection Agency

  A state legislature passes a law, let's call it the "Clean Water Act of State X." This act grants the State Environmental Protection Agency (EPA) the authority to set limits on pollutants discharged into the state's rivers and lakes. The law specifies that for these limits to become legally binding regulations, the EPA must first conduct scientific studies, hold public hearings, and publish the proposed regulations for a public comment period before final adoption.

  Explanation: The "Clean Water Act of State X" serves as the law of competence for the State EPA. It defines the agency's power to regulate water pollution and sets out the precise circumstances (scientific studies, public hearings, comment periods) under which its pronouncements (the pollution limits) become enforceable laws.

• Example 2: A City Planning Commission

  A city's municipal charter includes provisions that empower the City Planning Commission to approve or deny permits for new commercial developments within designated zones. The charter also stipulates that any decision by the commission must be based on specific zoning ordinances, environmental impact assessments, and must follow a public notification process for affected residents.

  Explanation: The municipal charter acts as the law of competence for the City Planning Commission. It grants the commission the power to make decisions on development permits and defines the conditions (adherence to zoning, environmental review, public notification) under which those decisions are legally valid and binding.

• Example 3: The Director of a Federal Consumer Protection Bureau

  A federal statute establishes a Consumer Protection Bureau and grants its director the authority to issue rules protecting consumers from unfair or deceptive practices in financial markets. The statute details that before issuing any new rule, the director must conduct economic analyses, consult with industry stakeholders, and allow for a period of public review and comment, after which the rule is published in the Federal Register to become law.

  Explanation: The federal statute is the law of competence for the Director of the Consumer Protection Bureau. It defines the director's power to create consumer protection rules and outlines the specific procedural steps (economic analysis, stakeholder consultation, public review, Federal Register publication) that must be followed for those rules to acquire legal authority.