Soft Law

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This article is a topic within the subject Administrative Law.

Contents

Required Reading

R Creyke & J McMillan, Control of Government Action: Text, Cases and Commentary, 3rd ed, 2012, [11.1.9]-[11.1.10].

Supplementary materials.

Introduction

[1] Soft law refers to non-legislative rules and regulation which the government or its agencies may issue. Examples include codes of conduct and guidelines.

  • Whilst soft law is not binding by force of statute, failure to comply with it by individuals or corporations usually has ramifications.
  • It is hard to draw a clear line between soft law and subordinate legislation. Sometimes, soft law is reinforced by some mention in other legislation that its contravention might (but not necessarily) attract a sanction.


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End

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References

Textbook refers to R Creyke & J McMillan, Control of Government Action: Text, Cases and Commentary, 3rd ed, 2012.

  1. Textbook, pp. 671-2.
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