Act
Tags: act, concurrence, formal, formal sense, formeel, formele zin, gedragsregel, government, material, material sense, materieel, materiele zin, overheid, prescription, rule in the formal sense, rule in the material sense, rule of conduct, samenloop, voorschrift, wet, wet in formele zin, wet in materiële zin.
An act is a rule of conduct drawn up and written by the government. The act largely consists of rules but also includes jurisprudence and literature. A distinction is made between a “rule in a formal sense” and a “rule in a material sense”.
A rule in a formal sense is a decision made by the formal legislator. In the Netherlands, this is the government and the States-General (First and Second Chamber) jointly.
Legal Norm in the Material Sense
A material law, on the other hand, is a generally binding regulation. A generally binding regulation is a legal standard that applies to all citizens. Compliance with this can be enforced by law.
Concurrence
A law can be both a law in a formal sense and a law in a material sense, but this is not necessary. Whether a law is a law in the formal sense is determined on the basis of the enactment of the law. Whether a law is a material law is determined on the basis of the content of the law.
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