Final answer:
The two basic legal rules for delegate bodies creating subordinate legislation are that legislative bodies cannot transfer their law-making power to others and that delegates must act within their prescribed statutory powers, following all relevant procedural guidelines. These rules ensure democratic accountability and adherence to the rule of law.
Step-by-step explanation:
The two basic legal rules concerning delegate bodies creating subordinate legislation are as follows:
- Legislative bodies cannot transfer the full power of making laws to other hands as it is a delegated power from the people.
- The delegate must act within the powers given to them by statute, which often includes following procedural guidelines and restrictions.
The principle behind the first rule is that legislation is an expression of the will of the electorate, so the power to make laws is vested in elected legislative bodies and cannot be passed on arbitrarily to others. This principle ensures democracy and maintains the responsibility of law-making with those elected to do so. An example of this is found in the United States where Congress, as the main legislative body, holds specific powers, such as the power to declare war or approve government spending, but cannot transfer this power to another organ of government.
The second rule requires that delegate bodies adhere to the scope of their authority as prescribed by law. For example, bureaucratic rulemaking must follow legislative regulations and procedural guidelines. This is to ensure that the power to make subordinate legislation is exercised within the framework and intention of the authorizing legislation, preserving the rule of law and preventing misuse or overreach of power.