How are "guidance documents" written and adopted, and by whom? Am I right in guessing that these documents can, in practice, be written and adopted without substantive oversight by an elected representative/official and without consultation with the affected public?
And another question from this Australian that can be answered by someone with expertise in US law. What scope is there for subordinate legislation (e.g. regulations) to vary the definition of a concept contained in the principle legislation (e.g. an Act of Congress)? If the Act refers to "sex", is it not ultra vires for regulations to qualify this concept almost out of existence by referring to things like "gender identity" unless there is some basis for doing so in the Act itself?
How are "guidance documents" written and adopted, and by whom? Am I right in guessing that these documents can, in practice, be written and adopted without substantive oversight by an elected representative/official and without consultation with the affected public?
And another question from this Australian that can be answered by someone with expertise in US law. What scope is there for subordinate legislation (e.g. regulations) to vary the definition of a concept contained in the principle legislation (e.g. an Act of Congress)? If the Act refers to "sex", is it not ultra vires for regulations to qualify this concept almost out of existence by referring to things like "gender identity" unless there is some basis for doing so in the Act itself?