Secondary Rules in Law

Secondary Rules

• There are three types of secondary rules: rules of change, rules of adjudication, and rules of recognition.

Rules of Change

• Facilitate legislative or judicial changes to primary rules or secondary rules themselves.
• Include amendatory provisions of law.
• Necessary to efficiently allow primary rules to be amended.
• Specify how primary rules may be changed.
• Example: Federal Constitution can be amended, and statutes can be repealed or modified by later statutes.

Rules of Adjudication

• Give power to courts or decision makers to settle disputes.
• Include rules that empower courts to punish wrongdoers.
• Set criteria for determining when a primary rule has been broken.
• Set procedure to be followed when a primary violation has been established.
• Give authority to judges, commissions, and regulatory agencies to apply secondary rules of adjudication when appropriate.

Rules of Recognition

• Define the practice of courts, officials, and private persons in identifying the law.
• Refer to certain criteria to determine whether a rule is valid or not.
• Include references to authoritative texts, legislative enactments, customary practices, general declarations of specified persons, or past judicial decisions in particular cases.
• Allow for prediction of a rule's validity before it is made, based on conformity to the requirements of the rule of recognition.

Learn about secondary rules in law, including rules of change and rules of adjudication, which facilitate legislative or judicial changes and guide the application of primary rules.