Legal Definitions - power-delegating law

A power-delegating law is a statute enacted by a legislative body (such as a national parliament, state legislature, or city council) that grants specific authority or power to another governmental entity, typically an administrative agency or regulatory body, to create detailed rules, regulations, or make decisions within a defined area. The legislature sets the broad policy framework, and the power-delegating law enables the delegated entity to fill in the operational specifics and implement the legislative intent.

Here are some examples:

• Environmental Protection: Imagine a national legislature passes a law called the "Clean Water Act." This act broadly states that the nation's waters must be protected from pollution. However, instead of listing every single pollutant and its exact permissible level, the law delegates authority to an administrative agency, such as the Environmental Protection Agency (EPA). The EPA is then empowered to conduct scientific research, set specific maximum contaminant levels for various pollutants in drinking water, establish discharge permits for industries, and enforce these regulations. This "Clean Water Act" is a power-delegating law because it gives the EPA the specific authority to create and enforce detailed environmental rules that carry the force of law.

• Financial Regulation: A state legislature might pass a law aimed at protecting consumers from predatory lending practices. This law could broadly prohibit "unfair and deceptive" lending. Rather than detailing every possible unfair practice, the law could delegate authority to the State Banking Commission. This commission is then empowered to investigate lending practices, define what constitutes "unfair and deceptive" in specific contexts (e.g., by setting limits on interest rates for certain loans, requiring specific disclosures, or prohibiting certain fees), and issue regulations to prevent such practices. The initial state law is a power-delegating law because it transfers the power to define and regulate specific lending practices from the legislature to the Banking Commission.

• Public Health and Safety: Consider a federal law designed to ensure the safety of food and drugs. This law might establish a general mandate for products to be "safe and effective." It then delegates significant authority to an agency like the Food and Drug Administration (FDA). The FDA is empowered to develop detailed regulations for drug testing and approval, set standards for food labeling, inspect manufacturing facilities, and issue recalls for unsafe products. This foundational federal law is a power-delegating law because it grants the FDA the specific legal authority to create and enforce the detailed rules necessary to achieve the broad goals of food and drug safety.