Difference Between an Act and a Regulation

An act and a regulation are important to clearly understand how laws are created, implemented, and enforced.

What is an Act?

An act, also known as a law, is a formal document passed by a legislative body, such as the United States Congress or a state legislature. Acts establish new laws or modify existing ones and carry the force of law.

Acts are usually proposed by a member of the legislative body or by the executive branch. They go through a debate and voting process before becoming law. This process typically includes an introduction, committee consideration, and floor debate. The act will be passed if it receives a majority of votes in favor.

Once an act is passed and signed into law by the appropriate official, such as the President of the United States or a state governor, it becomes binding on all citizens and organizations within the jurisdiction of the legislative body that passed it. Acts can be amended or repealed by subsequent acts passed by the same legislative body.

Examples of types of acts include federal laws, such as the Affordable Care Act and the Civil Rights Act, and state laws, such as laws related to education and criminal justice.

What is a Regulation?

A regulation, also known as a rule or administrative rule, is a legally binding document created by an administrative agency to implement and enforce laws passed by the legislative branch. Regulations are intended to provide specific details and guidance on how to comply with the laws passed by the legislature, and they carry the force of law.

Regulations are created through a process known as rulemaking. This process typically includes the following steps

1. An agency identifies a need for a new regulation or an amendment to an existing law.
2. The agency publishes a notice of proposed rulemaking in the Federal Register, which describes the proposed regulation and invites public comment.
3. The agency reviews and considers the public comments received during the comment period.
4. The agency publishes the final rule in the Federal Register, with a detailed explanation of the law and a summary of the comments received and the agency’s responses.
5. The final rule is effective on a specific date, usually 30 or 60 days after it is published in the Federal Register.

The executive branch of government creates regulations through the agency or department delegated the authority to enforce the law. For example, the Environmental Protection Agency (EPA) creates rules to implement and enforce laws related to the environment.

Examples of types of regulations include federal regulations, such as the Clean Air Act and the Fair Labor Standards Act, and state regulations, such as those related to health and safety in the workplace.

Differences between an Act and a Regulation

An Act and a Regulation have some key differences:

1. Origin: An Act is a law passed by the legislative branch, while a Regulation is a rule created by the executive branch to implement and enforce that law.
2. Creation Process: Creating an Act and a Regulation is different. The legislative body passes an Act through a process of debate and voting. A Regulation, on the other hand, is created through rulemaking, typically publishing a notice of proposed rulemaking, receiving public comments, and publishing the final rule.
3. Purpose: Acts establish new laws or modify existing ones, whereas regulations provide specific details and guidance on how to comply with the laws passed by the legislature.
4. Enforcement: Acts are enforced by the judicial branch, whereas regulations are enforced by the administrative agency that created them.
5. Amendment or Repeal: Acts can be amended or repealed by subsequent acts passed by the same legislative body, whereas regulations can be amended or repealed by the administrative agency that created them.
6. Legal Binding: Both Acts and Regulations are legally binding, but Acts are considered superior as the legislative body and regulations pass them are created by the executive body to implement the laws passed by the legislative body.

It’s important to understand the difference between an Act and a Regulation to clearly understand how laws are created, implemented, and enforced.

Conclusion

An act, also known as a law, is a formal document passed by a legislative body, such as the United States Congress or a state legislature, and establishes new rules or modifies existing ones. Conversely, a regulation is a legally binding document created by an administrative agency to implement and enforce laws passed by the legislative branch.

Acts are passed through a process of debate and voting, whereas regulations are created through a process known as rulemaking. Acts establish laws, while rules provide specific details and guidance on how to comply with those laws. Acts are enforced by the judicial branch, whereas rules are enforced by the administrative agency that created them. Both acts and regulations are legally binding, but acts are considered superior because the legislative body passes them.