Legal Definitions - Primary authority

Primary authority refers to the actual, official statements of law that originate directly from governmental bodies with the power to create, interpret, or enforce legal rules. These sources are considered the law itself and are therefore binding on courts and individuals within their specific jurisdiction. When a primary authority applies to a legal question or dispute, it must be followed.

Here are some examples illustrating primary authority:

• Imagine a state legislature passes a new law, codified as the "Clean Air Act," which mandates specific emission standards for all industrial factories operating within that state. This statute is a direct declaration from a legislative body.

  This law is an example of primary authority because it is a direct legal command issued by the state's law-making body. Any factory in that state is legally obligated to comply with these emission standards, and a court would be bound to enforce them if a violation occurred.

• Consider a situation where the highest court in a country issues a landmark ruling, known as a judicial precedent, stating that individuals have a constitutional right to privacy regarding their personal medical records. This ruling clarifies how the constitution applies to a specific issue.

  This court decision serves as primary authority. All lower courts within that country must follow this interpretation of the constitution when deciding cases involving medical privacy. It establishes a binding legal principle that shapes future legal outcomes.

• Suppose a federal government agency, like the Food and Drug Administration (FDA), issues a regulation requiring all new pharmaceutical drugs to undergo a specific series of clinical trials before they can be sold to the public. This regulation is a detailed rule created by an administrative body.

  This FDA regulation is an instance of primary authority. The FDA has been granted official power by Congress to create rules that implement broader laws. Pharmaceutical companies are legally required to adhere to these trial standards, and failure to do so would result in legal consequences.